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Ordinance 92-044 ORDINANCE NO. 92- 44 ESTABLISHED STANDARDS FOR CREATION AND REVIE~ ~' "~ OF COUNTY BOARDS; CLARIFYING QUALIFICATIONS ~ AND REQUIREMENTS FOR MEMBERSHIP ON BOARDS; ~ CLARIFYING TERMS OF OFFICE; AMENDING AND o CLARIFYING ATTENDANCE REQUIREMENTS; AMENDING ~ AND CLARIFYING REVIEW OF BOARDS; PROVIDING F~ CONFLICT AND SEVERABILITY; AND PROVIDING AN ~ EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has created several new Advisory Boards to assist in the transaction of public business; and WHEREAS, the original dates for review of the Boards have expired; and WHEREAS, the qualifications for membership and provisions relating to terms of office and attendance requirements are in need of clarification. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Section Two of Collier County Ordinance No. 86-41 Section Two, Definitions, of Collier County Ordinance No. 86-41 shall be amended to read as follows: SECTION TWO: DEFINITIONS. /Ak The-~ez~ "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. (b} The-term "Commission" is defined as the Board of County Commissioners of Collier County, Florida. (c} The-~e=m "Exempt" is defined to include Ad-Hoc Study Committees appointed by Resolution of the Board of County Commissioners for a duration of not more than one (1) year and created to serve a specific short-term function. SECTION TWO: Amendments to Section Five of Collier County Ordinance No. 86-41 Section Five, Qualifications and Requirements for Membership on Boards, of Collier County Ordinance No. 86-41 shall be amended to read as follows: oo, fl 3 Words ~ are added; v-rds s~ru~k-~h~ou~h are deleted. SECTION FIVE: QUALIFICATIONS 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, 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. No person shall serve on more than two County Boards simultaneously. If application is made for service on a third Board. the applicant must resian simultaneously from one of his or her current Board Dositions. Qr SDDliCation for the third Board shall be disaualified. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board durin~ his candidacy. Should any County Board member became a candidate for an elective political office, such candidacy shall be deemed a tender of resignation from such Board and the Board member shall immediately advise ~he Commission of said resi~nation, The Commission shall, as soon as Practicable after such resignation, declare the DOSition 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 QW her Dosition iS declared vacant bv the Commission. Words underlined are added; words struck-through are deleted. ~y-~eun~y-Beard-member-whe-hee-qua~ed-~or-e~ee~ve erd~nanee-eha~-~o~-be-requ~red-ner-be-deemed-~o-hsve res~g~ed-frem-eueh-Besrd? Ho member of any County Board. as defined herein, shall print or create, or have printed or cre~ted, or use or distribute any business or informational card deDictina the ~ounty leas or in any way reDresentinq.~uch Board member as a representative of Collier County or as a County Board member. The County Manager or his designe~ may. upon reoueet and Drier approval in writing, authorize County Board members to obtain a County Photo I.D. card identifvino such member as a County advisory Board member. SECTION THREE: Amendments to Section Seven of Collier County Ordinance No. 86-41 Section Seven, Term of Office, of Collier County Ordinance No. 86-41 shall be amended to read as follows: SECTION SEV~N: TERM OF OFFICE. (a) Terms of office for Board members shall be staggered. (b) (1) Terms of office for Board members shall be limited to two consecutive terms of service on any one Board; pre¥~ded?-howeve~T-~ha~-any-pe~sen-em~en~y-se~n~-en-e Bea~d-sha~-be-perm~ed-~e-se~ve-en-~hs~-Bea~d-~-~he e~a~en-o~-h~s-~-he~-~ermv ~rovided. however, that a~pointment 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 Cb) (2) Appointments to fill a vacancy for the remainder or balance of a term of office shall be considered a tor~ of office for the DurDose of the limitations set forth in Section b¢1) above only if the remainder of the term to b- served exceeds 50% of the full ter~, Cb) ~[3) By a unanimous vote of the Commission, the -3- flS 378 Words ~ are added; words s~e~-~h~e~h are deleted. limitations set forth in subsection (b) (1) above may be waived., (o).Nothing set forth in subsections (b),~} above shall proh-ibit any individual from being re-appointed to a Board after a hiatus of two years. SECTION FOUR: Amendments to Section E~ght of Collier County Ordinance No, 86-41 Section Eight, Attendance Requirement, of County Ordinance No. 86-41 shall be amended to read as follows: SECTION EIGHT: ATTENDANCE REQUIREM~,~T. ~; Afly-Boe~d-membe~-sha~-be-a~ema~ee~y-=emeved-~-he-e~ ehe-~e-abee~-frem-~we-eenseeu~ve--Beard-mee~ngs-w~heu~-a sa~sfae~ory-exeuee-or-~f-he-er-ohe-is-aboene-fer-mere-~han ene-ha~f-ef-~he-Beard~s-mee~ngo-~n-a-g~ven-f~sea~-yearT--A menber-ef-a-Board-sha~-be-deemed-absen~-fFem-a-mee~ng-when he-oF-she-~s-no~-presen~-dur~ng-a~-~eas~-~S%-ef-~he mee~*ngT It is the intent and strona desire of the ~ CO~mission that there be full attendance of advisory Board ~' members at al~ meet~nas of the Boards. recoanizin=, however. ~hat it may be necessary for Board members to be absent from a meetina due to unusual or emeraenc~ circumstances. Nevertheless. full attendance at Board meetinas is encouraoed and necessary for the ~rooer o~eration of the Boords and ~n furtherance th~reo£ th~ fo~lowina reauiremen~o are established: A- Any Board member who is absent for more than one-half of the Board's meetinas in a ~iven fiscal year shall be deemed to have tendered h~s or her resianation from such Board. The Commission shall, as soon as ~racticabl~ after such resianation, declare the ~osition to be vaca~ and shall promptly fill same pursuant ~9 ~ orov~sions Section Six herein, The Board member shall not serve ;" meetings after his or her position is declared vacant by Commission, ~' B. In the event that any Board member is absent from Words ~ ars added; words s~ae~-~h~e~h are deleted. two consecutive Board meetinas wit~out.~ satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next reaularlv scheduled Board mestina and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactorv excuse. The Commission shall review the Board chairman's ng~ification at a Commission meetin~ and shall declare the Board member's DOSitiOn to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetinqs without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared va~t. C. A member of a Board shall be dee~ed absent from a meetinu when he or she is not mresent durin~ at leas~ 75% of SECTION FIVE: Amendments to Section Nine of Collier County Ordinance No. 86-41 Section Nine, Review of Boards, of County Ordinance No. 86-41 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 15th of the year in which a Board is to be reviewed, its Chairperson shall submit to the County Manager 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.) Whether there is any other Board or agency, Words H~ are added; words s~uek-threugh are deleted. 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 15th of the year in which a Board is to be reviewed, the County Manager 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 Manager may have. In order to assist the County Manaoer and the Commission in the evaluation Q£ the Chairoersgn's report, the County Manaaer and Commission may review aDplicable minutes of meetinos of the Boards. All Boards shall be re~ouired to forward the minutes of all Board meetinos 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 Manager 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 report, the County Manager's recommendations and any other information it deems relevant to determine whether the Board shall continue in its present ~orm. 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 Words~%~j~_~are added; worde s~F~ek-~hrs~§h are deleted. Commission shall determine whether to abolish, continue, consolidate or modify the Board for the ensuinq four years. (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed once every four (4) years thereafter: Board of Adjustment and Appeals Poed-Bs~eb}*eh~en~-Rev~ew-Bee~d Tourist Development Council Emergency Medical Services Advisory Council County Government Productivity Comm~tte~ Pelican Bay MSTBU Advisory Committee Library Advisory Board Golden Gate Community Center Advisory Board B~b~e~f-Adv*se~y-Boe~d 6e~den-ee~e-eonnun~ty-een~er-Adv~sory-Boe~d Contractors' Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board Fire District Consolidation Advisory_ Committee lmmokalee Beautification Advisory Committee Citizens' Advisory Task Force Collier County Code Enforcement Boar~ Golden Gate Parkway Beautification Advisory e&~*zens-Adv*se~y-Task-Poree ee~A&e~-eomn~y-eede-Bn~ereemen~-Board Collier County Planning Commission Golden Gate Estates Citizens Advisory Committ~ Lely Golf Estates Beautificatio~ Pocket of Poverty Review Committee Marco Island Beautification Advisory Commi~%~a OchoDee Fire Control District Advisory Commit%~ Environmental Advisory Board 1994 eehepee-PEre-een~eE-B*s~&e~-Adv&s~=y-ee~&~ee Na~raE-Rese~rees-Adv&so=y-ee~n=EE-~EAe~WMAB~ Public Vehicle Advisory Committee Immokalee Airport Advisory Board Homeless Advisory Committee Marco Island Beach Renourishment Advisory Committee Environmental Policy Technical Advisory Board Affordable Housina Commissig~ Hispanic Affairs Advisory Board Black Affairs Advisory Boar~ Historical Archaeological Advisory Board Forest Lakes Roadway & Drainaqe MSTU Advisory Committe~ (f) All Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. Words ~ ere added; words s~Hek-~hreHSh are deleted. SECTION SIX: 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 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 SEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed :":. with the Secretary of State. ;: PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~_~ day of · -~? 1992. ', ', BOARD OF COUNTY COM]4ISSIONERS C.:G~'S COLLIER COUNTY, FLORIDA "~'2 "· ;:'?" '.~;. -"! '.~. ,~ :' ,.':' .-'.".':W' .~ ~/~ ':.- c. By. .: ',/.. :/~'.:;~'~ ~,,, :'..:~;...' ~ .' ~/' , '~ '.l. ~.' ?'.~:~,:; '.'.,,' .' ~ .. -- , Chairman · ~'. [',.' '~;., ,. ..' · form and .:~.,.~ ..... ·. ' "Collier County Atto ney Th~ ~.~w~ fll~ w~h ~ ~4407 ~ ~.~~e ~ Words ~ are added~ ~ords s~e~-~h~e~ are deleted. ~STATE O~'FLORIDA ) ii':..COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 92-44 which waa adopted by the Board of County Commissioners on the 23rd day of June, 1992, during Regular Session. WITNESS m~ hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3Oth day of June, 1992. JAMES C. GILES ~, ' .. '.. Clerk of Courts and Cl~k .~ i ' '~ · Ex-officio to Board o' '~f / ..,."" County Commissioners ~ ~ ~: : ~ Deputy Clerk