Ordinance 98-046 DRDINANCE NO. 8541, AS AMENDED, THE ORDINANCE
.,~E'STABLIS!tlNG STANDARDS FOR CREATION AND
(~.~?REVIEW OF COUNTY BOARDS; AMENDING SECTION
T!IREE, CREATION OF NEW BOARDS; RENAMING
COUNTY MANAGER AS COUNTY ADMINISTRATOR;
AMENDING SECTION FIVE, QUALIFICATIONS AND
REQUIREMENTS FOR MEMBERSHIP ON BOARDS;
PROVIDING THAT SPECIFIC CATEGORIES OF
--.-_
EXPERTISE REQUIRED TO QUALIFY FOR SERVICE ON
COUNTY BOARDS ARE PRIMARILY DIRECTORY AND ~.~
NOT MANDATORY; AMENDING SECTION SEVEN, TERM
OF OFFICE; PROVIDING THAT ALL MEMBERS OF _
BOARDS CREATED BY THE COMMISSION SHALL SERVE ~'-
AT THE PLEASURE OF THE COMMISSION; PROVIDING ~ ~: c~-~
FOR EXTENSION OF TERMS OF BOARD MEMBERS;
AMENDING SECTION NINE, REVIEW OF BOARDS;
UPDATING THE DATES WHEN EXISTING ADVISORY
BOARDS ARE TO BE REVIEWED; PROVIDING FOR THE
INCLUSION OF NEW BOARDS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 86-41, as mended, was established to create
standard policies for the creation and review of County Boards; and
WHEREAS, it is |he desire of the County Commission ~at full beard membership be
maintained by all County Boards for the purpose ofmeetlng quorum requirements; and
WHEREAS, the County Commission recognizes that all otherwise qualified applicants for
County Board membership do not always possess the exact educational background and
technical expertise which i~ outlined in County Board ordinances as categories of expertise
necessary to effectively accomplish the Board's purpose; and
WHEREAS, the County Commission recognizes that the terms of some Board members will
need to be extended from time to time in order to meet such Board's quorum obligations.
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. 8641.
Section Three, Creation Of New Boards, of Collier County Ordinance No. 86-41, shall be
amended to read as follows:
SECTION THREE: CREATION OF NEW BOARDS.
(a) All Boards created after the effective date of this Ordinance shall be
created by ordinance only, except for the Ad-Hoc Study Committees which fall
under the definition of Exempt. Such ordinance shall set fo~h the Board's
purposes; functions; powers; responsibilities; jurisdiction; membership
requirements and restrictions; terms and conditions of appointment to and
Words ~ am added; Words edsk4:hl, o~ are deleted.
r~moval from the Board; and the specific s~aff support, if any necessary to
prepare an annual report, either oral or written, to be presented to the
Commission,
(b) Prior to the advertised public hearing held for said ordinance, the County
,~.~,----'::.g:r ,A. dmlnistrator shall submit to the Commission, a report setting forth the
following information concerning the proposed new Board:
1.) Whether the establishment of the Board will create sufficient
betterment to the community to justify the Commissjon's delegation of a
portion of its authority.
2.) W~cther another Board or agency, either public or private, already in
existence, could serve, or is serving the same purpose.
3.) The costs, both direct and indirect, of establishing and maintaining
the new Board.
4.) Whether creation of the new Board is necessary to enable the County
to obtain state or federal Erants or other financing.
5.) Whether the Board should have bonding authority.
6.) Whether creation of a new Board is the best method to achieve the
benefit desire.
SECTION TWO: Amendment to Section Five of Collier County Ordinance No. 86-41, as
amended by Ordinance No. 92.-44.
Section Five, Qualifications And Requirements For Membership On Boards, of Collier
County Ordinance No. 86-41, as amended by Collier County Ordinance No. 92-44, shall be
amended to read as follows:
SECTION FIVE: QUALIFICATION AND REQUIREMENTS FOR MEMBERSHIP
ON BOARDS.
All members of County Boards shall be permanent residents and electors of
Collier County and should be reputable and active in community service. In
addition, all Board members should have demonstrated an interest in the activity
or service which is the purpose of the Board.
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.
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. ~
expertise referenced by Coun_ty Boards' Ordinances as Qualifications for Board
membership are considered to be primarily directo_ry and not mandatory_.
No person shall serve on more than two County Boards simultaneously. If
application is made for service on a third Board, the applicant must resign
2
Words Underlined are added; Words ~ are deleted.
simultaneously from one of his or her current Board positions, or the application for the
third Board shall be disqualified.
No member of any County Board shall become a candidate for an elective
political office and continue to serve on such Board during his candidacy. Should any
County Board member became become a candidate for an elective political office, such
candidacy shall be deemed a tender of resignation from such Board and the Board
members shall immediately advise the Commission of said resignation. The
Commission shall, as soon as practicable after such resignation, declare the position to
be vacant and shall promptly fill same pursuant to the provisions of Section Six of this
Ordinance. The Board member shall not serve at any meetings after his or her position
is declared vacant by the Commission.
No member of any County Board, as defined herein, shall print or create, or have
printed or created, or use or distribute any business or informational card depicting the
County logo or in any way representing such Board member as a representative of
Collier County or as a County Board member. The County Mm, mg~ ~ or
his designee may, upon request and prior approval in writing authorize County Board
members to obtain a County photo I.D. card identifying such member as a County
advisory Board member.
SECTION THREE: Amendment to Section Seven of Collier County Ordinance No. 86-41, as
amended by Ordinance No. 92-44
Section Seven, Term of Office, of Collier County Ordinance No. 86-41, as amended by
Collier County Ordinance No. 92-44, shall be amended to read as follows:
SECTION SEVEN: TERM OF OFFICE.
(a) Terms of office for Board members shall be staggered.
Co) (1) Terms of office for Board members shall be limited to two
consecutive terms of service on any one Board; provided, however, that
appointment of a Board member to an initial term of one year shall not be
considered a "term of office" for purpose of the limitations set forth in this
section and such members shall be entitled to serve two additional terms if so
appointed.
Co) (2) Appointments to fill a vacancy for the remainder or balance of a term
of office shall be considered a term of office for the purpose of the limitations
set forth in Section Co)(1) above only if the remainder of the term to be
served exceeds 50% of the full term.
(b) (3) By a unanimous vote of the Commission, the limitations set forth in
subsection (b) (1) above may be waived.
(c) Nothing set forth in subsection Co) above shall prohibit any individual
from being re-appointed to a Board after a hiatus of two years.
3
Words ~ are added; Words 8tmele--l:htgagh are deleted.
f~ All members of Boards created by the Commission shall serve at the
pleasure of the Commission and may automatically be removed by a ma_iori_ty
vote ofthe quorum ofthe Commission,
SECTION FOUR: Amendments to Section Nine of Collier County Ordinance No. 86-41, as
amended by Collier County Ordinance No. 92.44.
Section Nine. Review of Boards, of Collier County Ordinance No. 86-41, as amended by
Collier County Ordinance No. 92-44, shall be amended to read as follows:
SECTION NINE: REVIEW OF BOARDS.
Commencing January 1, 1987, each Board shall be reviewed in the following
manner:
(a) On or before January 15~' of the year in which a Board is to be reviewed.
its Chairperson shall submit to the County blam~.~ Administrator a report
setting forth the following information regarding the Board:
1 .) Whether the Board is serving the purpose for which it was created.
2.) Whether the Board is adequately serving current community needs.
3.) A list of the Board's major accomplishments for the preceding twelve
month period.
4.) Where there is any other Board or agency, either public or private, which
is serving or would better serve the purpose for which the Board was created.
5.) Whether the ordinance creating the Board should be amended to allow
the Board to more adequately serve the purpose for which it was created.
6.) Whether the Board's membership requirements should be modified.
7.) The cost, both direct and indirect, of maintaining the Board.
(b) On or before February ! 5~' of the year in which a Board is to
reviewed, the County }.'!.a::---g;.- Administrator shall deliver to the Commission
the report submitted by the Chairperson of each Board, pursuant to Section 9(a)
of this Ordinance, together with any recommendation or comments the County
.~.:='::ger Administrator may have. In order to assist the County
Administrator and the Commission in the evaluation of the Chairpcrson's report'
the County }.',=-::g=: AdministrntQr and Commission may review applicable
minutes of meetings of the Boards. All Boards shall be required to forward the
minutes of all Board meetings to the Commission in a timely manner.
(c) During March of the year in which a Board is to be reviewed, the
Chairperson shall make an oral presentation to the Commission. Said
presentation shall be based upon the report submitted to the County "'
Administrator pursuant to Section 9(a) of this Ordinance. At the conclusion of
said oral presentation any Commissioner may request the formation of a
subcommittee consisting of three (3) members of the Commission. Said
subcommittee shall evaluate the Chairperson's repor~ the County
Administrator's recommendations and any other information it deems relevant to
4
Words Underlined arc added; Words gmlek--q:hi, mt~ are deleted.
determine whether the Board shall continue in its present form. The
subcommittee shall report to the Commission not later than within ninety (90)
days after their initial meeting.
(d) At the conclusion of this review process, the Commission shall determine
whether to abolish, continue, consolidate or modify the Board for the ensuing
four ycar~.
(e) The following Boards shall be reviewed in the years as set forth below
and shall be reviewed once every four (4) years thereafter:
499-~ 1999 Board of Adjustment and Appeals
Tourist Development Council
Emergency Medical Services Advisory Council
County Government Productivity Committee
Pelican Bay MSTBU Advisory Committ~
Library Advisory Board
Golden Gate Community Center Advisory Board
! 9.n2 2000 Contractors' Licensing Board
Isles of Capri Fire Control District Advisory Board
Parks and Recreation Advisory Board
lmmokalee Bcauti~cation Advisory Committ~
, Citizens' Advisory Task Force
Collier County Code Enforcement Board North
Golden Gate Parkway Beauti~cation Advisory Committee
!~2 2001 Collier County Planning Comn'fission
Golden Gate Estates ~ Land Tm~ Advisory Committee
Lely Golf Estates Beauti~cation ~
Ochopee Fire Control District Advisory Committee
Environmental Advisory Board
4994 2002 Public Vehicle Advisory Corrtrnitt~
Environmental Policy Technical Advisory Board
Affordable Housing Commission
Hispanic Affairs Advisory Board
Black Affairs Advisory Board
Historical Archaeological Advisory Board
Forest Lakes Roadway & Drainage MSTU Advisory Committ~
(f) All Boards created after the effective date of this Ordinance shall bc
reviewed once every four (4) years thereafter.
SECTION FIVE: Conflict and Severability.
Words ~ arc added; Words ~ ar~ deleted.
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 po~ion of this 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 SIX: Inclusion In The Code Of Laws And Ordinances.
The provisions of this Ordinance shall become and be made a pail of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be r~nurnbered or
roletiered to accomplish such, and the word 'ordinance' may be changed to 'section,' "article," or
any other appropriate word.
SECTION SEVEN: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Conunissioners of Co!lier County,
Florida thisa3....~6day of~ 1998.
ATrEST!~ ,l'q a~,. ' BOARD OF COUNTY COMMISSIONERS
DWIdifr E. BRO~.K,' Clerk OF COLLIER COUNTY, FLORIDA
:...,- . ....
ta :.. '.: ,, ..-.~
'~ "' ""'!(i ."' '''~}' .
~ ~ BY:BB. BE~
Approved as to form and 'r~is ordln,,nce flied w[th the
Secretory ot tote's Otflc t
legal sufficiency:
County Attorney
6
Words ~ are added; Words ~ are deleted.
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 copy of:
ORDINANCE NO. 98-46
Which was adopted by the Board of County Commissioners on the
2nd day of June, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 4th day of June, 1998.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: Ellie Moffman
Deputy Clerk