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Ordinance 89-003ORDINANCE NO. 89-03 AN ORDINANCE CREATING THE MARCO ISLAND BEACHFRONT RENOURISHMENT ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT r,, - OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND ~ _;..,, DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF ~, _,:,. THE PUBLIC WORKS ADMINISTRATOR OR HIS DESIGNEE; 22 PROVIDING FOR REVIEW ~ROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 86-41 sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance No. 88-59 created the Marco Island Beachfront Renourishment Facilities MuniciPal Service Taxing Unit in Collier County, Florida; and ~ co WHEREAS, Ordinance No. 88-59, Section Four, requir~h~ i_~ . establishment of an advisory committee to advise the Bo~_, o~ County Commissioners in matters pertaining to the Munic~l ~ Service Taxing Unit (MSTU). ~ ~ ~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COU~ ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Creation of the Marco Island Beachfront Renourishment Advisory Committee. There is hereby created and established the Marco Island Beachfront Renourishment Advisory Committee, hereinafter referred to as the "Committee". SECTION TWO. Appointment and Composition. A. The Committee shall consist of five (5) members which generally represent the area within the Marco Island Beachfront Renourishment Facilities Municipal Service Taxing Unit as said MSTU is described in Ordinance No. 88-59. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. 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. ~ECTION T~RE~. Terms of Office. The initial terms of office of the Committee shall be as follows: A. Two (2] members shall be appointed for a ter~ of two (2] years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal From Office; Failure to Attend Meetings. A. Any member of the Committee may be removed from office with or without cause by a majority vote of the Board of County . Commissioners. B. If any member of the Committee fails to attend two (2) consecutive Committee meetings without a satisfactory excuse or if a member is absent from more than one-half of the Committee's meetings in a given fiscal year, the Committee shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners. SECTION FIVE. Qfficer~; 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 (1) year, with eligibility for reelection. B. The presence of three (3) 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 transaotion of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all - 2 - Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing beach renourishment facilities and improved storm protection of beaches as set forth in County Ordinance No. 88-59. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year, meet with the Collier County Public Works Administrator or his Designee and outline to the Administrator those projects which the Committee wishes to sue accomplished during the next fiscal year. Based upon this information the Administrator or his Designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with standard county guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the Public Works Administrator to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1st of each year, the County Manager shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall hold advertised public hearings on presentations of studies and reports, construction aspects, etc. for the purposes of providing beach renourishment facilities and improved storm protection of beaches. D. The Committee shall recommend work programs and priorities to the County Public works Administrator or his Designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs ~hall be under the direct supervision and responsibility of the Public Works Administrator or his Designee. Said work may be performed under contract (in accordance with law) or by County forces. E. The Committee may adopt and amend "Guidelines" to govern their operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. SECTION EIGHT. Duties of the Public Works Administrator or His Designee. The duties of the Public Works Administrator or his Designee shall be: A. To administer the activities of the Municipal Service Taxing Unit in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Manager and the Board of County Commissioners on the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. To assure that all reports, studies, plans, etc. are forwarded to the County Natural Resources Management Department for review and coordination of activities, if applicable. E. Attend all Committee meetings. SECTION NINE. Review Process. This Committee shall be reviewed once every four (4) years commencing in 1993, in accordance with the procedures contained in Ordinance No. 86-41. · ~TuLQ~_d~_~ conflict and Severabilit¥. 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 ELEVEN. 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 Con~issioners of Collier County, Florida, this 10th day of ~anuary , 1989. ATTEST: JAMES C. GILES, Clerk V~rgin~PWMagri, Dep~ Clerk Approved as to form and legal sufficiency: Kenneth B. Cuyl~ County Attorne~ BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, Chairma~ a,~ ock,~vt~rC~l~_~ ~_f. thor - 5 - STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a t~ue copy of: Ordinance No. 89-03 which was adopted by the Board'of County Commissioners on the :' 10th day of January, 1989, during Regular Session, via emergency procedure. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of January, 1989. JAMES C. GILES Clerk of Courts and Clerk .~' "~. '//,~, Ex-officio to Board of Coun ty..C.~mm 1 ss loner s By: /~'~tir~inia ~agri ~. ~' ' · ~o .. '.i;~-" .~' Deputy Clerk ...~.~,# ,,. . · .,~ ", ,,"/~ , ~ :' .' : · ?. ~IV,-'° ·