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Agenda 03/09/2021 Item #17A (Ordinance - Amending the Advisory Board Ordinance 2001-55)03/09/2021 17.A EXECUTIVE SUMMARY Recommendation to amend Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), to encourage appointments to advisory boards that better reflect the demographic and geographic population of the County. OBJECTIVE: To amend the Advisory Board ordinance to better reflect the demographic and geographic population of the County. CONSIDERATIONS: The County's Advisory Board Ordinance requires that appointments to advisory boards be primarily based on the applicant's qualifications and expertise. It is my belief that when two or more candidates for an advisory board seat are similar in qualifications and expertise, that as a secondary consideration in making the appointment the Board should look at whether the advisory board reflects the entire demographic and geographic population of the County, or for a local advisory board the demographic and geographic population for that region. Accordingly, I am proposing the following amendment to Section 5(C) of the Ordinance: "The commission's primary consideration in appointing board members shall be to provide the board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the board's purpose. Categories of expertise referenced by county board's ordinances as qualifications for board membership are considered to be primarily directory and not mandatory. The commission's secondary consideration in appointing board members shall be to have advisory boards reflect the entire demographic and geographic population of the County, or region of the County for a local advisory board." FISCAL IMPACT: Cost of advertising this ordinance amendment is $567, which was authorized on February 23, 2021 under agenda item 16.11.3. 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 approval. -JAK RECOMMENDATION: That the Board of County Commissioners approve the attached ordinance amending Ordinance No. 2001-55, as amended. PREPARED BY: William L. McDaniel, Jr., District 5 ATTACHMENT(S) 1. Ordinance amending Ord. No. 2001-55 Advisory Board Ordinance (PDF) 2. legal ad - agenda ID 15135 (PDF) Packet Pg. 1087 17.A 03/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doe ID: 15135 Item Summary: Recommendation to amend Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), to encourage appointments to advisory boards that better reflect the demographic and geographic population of the County. Meeting Date: 03/09/2021 Prepared by: Title: Legal Assistant — County Attorney's Office Name: Wanda Rodriguez 02/24/2021 11:18 AM Submitted by: Title: County Attorney — County Attorney's Office Name: Jeffrey A. Klatzkow 02/24/2021 11:18 AM Approved By: Review: Office of Management and Budget County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Laura Wells Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Mark Isackson Additional Reviewer Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 02/24/2021 11:35 AM Completed 02/24/2021 2:32 PM Completed 02/24/2021 4:29 PM Completed 02/28/2021 4:32 PM 03/09/2021 9:00 AM Packet Pg. 1088 17.A.1 ORDINANCE NO.2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-55, AS AMENDED, WHICH ESTABLISHED STANDARDS FOR CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING SECTION FIVE, "QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS," TO ENCOURAGE APPOINTMENTS THAT REFLECT THE ENTIRE COUNTY POPULATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in keeping with its policy to promote economy, efficiency and improve service in the transaction of the public business by County Boards, the Board of County Commissioners, through adoption of Ordinance No. 2001-55, established standards for creation and review of County boards; and WHEREAS, Ordinance 2001-55 has been subsequently amended from time to time; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No. 2001-55, specifically, Section Five entitled, "Qualifications and Requirements for Membership on Boards," to encourage advisory board appointments that reflect the demographics of all five commission districts. 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.2001-55, AS AMENDED. Section Five is hereby amended to read as follows: SECTION FIVE: Qualifications and Requirements for Membership on Boards. A. All members of county boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all board members should have demonstrated an interest in the activity or service, which is the purpose of the board. The (YY-1562/1607615/1] Words Underlined are added; Words Stmok 44woug t are deleted. Page] of 3 z ro— a Packet Pg. 1089 17.A.1 provisions of this paragraph may be exempted, however, if an ordinance creating a board � specifies the need for membership outside Collier County's boundaries. B. Any member of a county board who ceases to be a resident of Collier County during his or her term of office shall immediately advise the commission of such change in status. Upon such notice, the commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six, herein. C. The commission's primary consideration in appointing board members shall be to provide the board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the board's purpose. Categories of expertise referenced by county board's ordinances as qualifications for board membership are considered to be primarily directory and not mandatory. The commission's secondary consideration in appointing board members shall be to have advisory boards reflect the entire demographic and geographic _ population of the County, or region of the County for a local advisory hoard_ **************************** 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 n n n n n n O relettered to accomplish such, and the word ordinance may be changed to section, article, z or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. [YY-1562/1607615/ 1 ] Words Underlined are added; Words &f1sk Thfeu&4 are deleted. Page 2 of 3 Packet Pg. 1090 17.A.1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 9u' day of March, 2021. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Appr§ a# t# f�r and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN Jeffrey. Kla-,4zk6w, County Attorney r a� 0 L MO W O Q L0 T r O O N L 0 C c� i M ci L 0 [YY-1562/1607615/1 ] 4) Words Underlined are added. Words £feu are deleted. t Page 3 of 3 (C'AO Q Packet Pg. 1091 (15135) 17.A.2 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE C Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on March 9, O 2021, in the Board of County Commissioners Meeting Room, -a Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will con- Z O Sider the enactment of a County Ordinance. The meeting will > 00 commence at 9:00 A.M. The title of the proposed Ordinance is V as follows: m O AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS w Z W OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. STANDARDS FOR m > 2001-55, AS AMENDED, WHICH ESTABLISHED Q CREATION AND REVIEW OF COUNTY BOARDS, BY AMENDING H SECTION FIVE, -QUALIFICATIONS AND REQUIREMENTS FOR f1 MEMBERSHIP ON BOARDS," TO ENCOURAGE APPOINTMENTS O w THAT REFLECT THE ENTIRE COUNTY POPULATION; PROVIDING 3 FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION — Ln in IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. = p A copy of the proposed Ordinance is on file with the Clerk to C N the Board and is available for inspection. All interested parties N O are invited to attend and be heard. p Z NOTE: All persons wishing to speak on any agenda item must D : register with the County manager prior to presentation of the „ r_ agenda item to be addressed. Individual speakers will be limit- m c ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If C recognized by the Chairman, a spokesperson for a group or or- D O ganization may be allotted 10 minutes to speak on an item. X .a Persons wishing to have written or graphic materials included in N y the Board agenda packets must submit said material a minimum v' E of 3 weeks prior to the respective public hearing. In any case, o tv written materials intended to be considered by the Board shall N O be submitted to the appropriate County Istaff a minimum of in seven days prior to the public hearing. All materials used pre- O sentations before the Board will become a permanent part of _ the record. w to As Part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- E tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to Par- ticipate time the agenda is E 0 remotely, should register any after posted on the County website which is 6 days before the meet- (D ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing uO how they can participate remotely in this meeting. For addition- ce) al information about the meeting please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. r Any person who decides to appeal any decision of the Board will need a record of the pertaining thereto and in Cl) proceedings therefore, may need to ensure that a verbatim record of the T_ proceedings is made, which record includes the testimony and LO evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- R tion in order to participate in this proceeding, you are entitled, Please at no cost to you, to the provision of certain assistance. contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, ra (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the -a Board of County Commissioners Office. R BOARD OF COUNTY COMMISSIONERS Z31 COLLIER COUNTY, FLORIDA a� PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK d By: Ann Jenne ohn, Deputy Clerk P�ib Date: Feb 25,201 #4616170 .. .+ Packet Pg. 1092