Agenda 12/08/2020 Item #17C (Ordinance - Amending 2002-52 Immokalee Beautification Advisory Committee)12/08/2020
EXECUTIVE SUMMARY
Recommendation to amend Ordinance No. 2002-52, as amended, which established the
Immokalee Beautification Advisory Committee, to increase the number of seats from five
to seven members and further define membership requirements.
OBJECTIVE: To approve an amendment to Ordinance No. 2002-52, as amended, which would
increase the membership of the Immokalee Beautification Advisory Committee from five to
seven members and further define the membership requirements for business and non-profit
representatives.
CONSIDERATIONS: Collier County Ordinance No. 2002-52, as amended by Ordinance No.
2011-39, established the Immokalee Beautification Advisory Committee to advise the Board on
matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU). The
Committee has recommended that two additional members representing business or non-profit
interests in the MSTU be added to the Committee, and further, that property ownership
requirements be strengthened for business or non-profit representatives. The required quorum
will also increase from three to four members present. The proposed amendment is set forth
below:
SECTION TWO: APPOINTMENT AND COMPOSITION.
A. The committee shall consist of five (5) seven members which generally represent the
area within the Immokalee Beautification Municipal Service Taxing Unit as said MSTU is
described in Collier County Ordinance No. 92-40.
B. Members of the committee shall be appointed by and serve at the pleasure of the
Board of County Commissioners. Four (4) members shall be permanent residents within the
MSTU and electors of Collier County. One (1) Three members may be an owner of
residential a business or commercial property within the MSTU or an owner or appointed
representative of a business located non-profit entity owning property and operating within
the MSTU, and electors of Collier County. An owner of residential a business or
commercial property may be an individual, an officer of a corporation, or a partner of a
partnership.
C. Appointment of members to the committee 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 FIVE: OFFICERS, QUORUM, RULES OF PROCEDURE.
A. At its earliest opportunity, the membership of the committee shall elect a chairman and
vice chairman from among the members. Officers' terms shall be for one year, with
eligibility for re-election.
B. The presence of three four or more members shall constitute a quorum of the committee
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necessary to take action and transact business.
C. The committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all committee minutes, resolutions,
reports, and exhibits shall be submitted to the Board of County Commissioners.
FISCAL IMPACT: The cost of advertising the proposed ordinance was $567.00. This
expenditure was approved by the Board on November 10, 2020, under item 16B1.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for Board approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to execute the attached ordinance amending Ordinance No. 2002-52, as amended,
relating to the Immokalee Beautification Advisory Committee, to increase the membership from
five to seven members and further define the membership requirements for business and non -
profit representatives.
Prepared by: Debrah Forester, Community Redevelopment Agency Director
ATTACHMENT(S)
1. Draft Ordinance - amendment to Ord 2002-52 (PDF)
2. legal ad - agenda ID 14239 (PDF)
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 14239
Item Summary: Recommendation to amend Ordinance No. 2002-52, as amended, which
established the Immokalee Beautification Advisory Committee, to increase the number of seats from five
to seven members and further define membership requirements.
Meeting Date: 12/08/2020
Prepared by:
Title: – County Manager's Office
Name: Debrah Forester
11/13/2020 5:12 PM
Submitted by:
Title: – County Manager's Office
Name: Debrah Forester
11/13/2020 5:12 PM
Approved By:
Review:
County Manager's Office Debrah Forester Director - CRAs Completed 11/13/2020 5:14 PM
Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 11/16/2020 8:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2020 8:56 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2020 7:41 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2020 8:14 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/30/2020 9:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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[20-CRA-00493/1572203/1] Underlined text is added; Struck through text is deleted
Page 1 of 3
ORDINANCE NO. 2020 -____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-52,
AS AMENDED, WHICH ESTABLISHED THE IMMOKALEE
BEAUTIFICATION ADVISORY COMMITTEE, BY INCREASING THE
MEMBERSHIP OF THE COMMITTEE FROM FIVE TO SEVEN
MEMBERS AND AMENDING MEMBERSHIP AND QUORUM
REQUIREMENTS; 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, as amended by Ordinance No.
2011-39, established the Immokalee Beautification Advisory Committee to advise the Board on
matters pertaining to the Immokalee Beautification Municipal Service Taxing Unit (MSTU); and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No.
2002-52, as amended, to increase the membership of the Committee from five to seven members
and further define the membership requirements for business and non-profit representatives.
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. 2002-52,
AS AMENDED.
Section Two is hereby amended as follows:
SECTION TWO: APPOINTMENT AND COMPOSITION.
A. The committee shall consist of five (5) seven members which generally represent the
area within the Immokalee Beautification Municipal Service Taxing Unit as said MSTU is
described in Collier County Ordinance No. 92-40.
B. Members of the committee shall be appointed by and serve at the pleasure of the Board
of County Commissioners. Four (4) members shall be permanent residents within the MSTU
and electors of Collier County. One (1) Three members may be an owner of residential a
business or commercial property within the MSTU or an owner or appointed representative
of a business located non-profit entity owning property and operating within the MSTU, and
electors of Collier County. An owner of residential a business or commercial property may be
an individual, an officer of a corporation, or a partner of a partnership.
17.C.1
Packet Pg. 3736 Attachment: Draft Ordinance - amendment to Ord 2002-52 (14239 : Immokalee MSTU Ordinance Amendment)
[20-CRA-00493/1572203/1] Underlined text is added; Struck through text is deleted
Page 2 of 3
C. Appointment of members to the committee 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: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2002-52,
AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: OFFICERS, QUORUM, RULES OF PROCEDURE.
A. At its earliest opportunity, the membership of the committee shall elect a chairman and
vice chairman from among the members. Officers' terms shall be for one year, with
eligibility for re-election.
B. The presence of three four or more members shall constitute a quorum of the committee
necessary to take action and transact business.
C. The committee shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a written record of meetings,
resolutions, findings and determinations. Copies of all committee minutes, resolutions,
reports, and exhibits shall be submitted to the Board of County Commissioners.
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: 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.
17.C.1
Packet Pg. 3737 Attachment: Draft Ordinance - amendment to Ord 2002-52 (14239 : Immokalee MSTU Ordinance Amendment)
[20-CRA-00493/1572203/1] Underlined text is added; Struck through text is deleted
Page 3 of 3
SECTION FIVE: 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 _____________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
Approved as to form and legality:
___________________________
Jeffrey A. Klatzkow
County Attorney
17.C.1
Packet Pg. 3738 Attachment: Draft Ordinance - amendment to Ord 2002-52 (14239 : Immokalee MSTU Ordinance Amendment)
17.C.2
Packet Pg. 3739 Attachment: legal ad - agenda ID 14239 (14239 : Immokalee MSTU Ordinance Amendment)