Ordinance 89-098 ' ORDINANCE NO. 8~- 98 ~ _, ~
~ ~..~ T~E TER~S OF OFFICE; PROVIDING FOR REMOVAL FRD~ ~
OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING~OR
OFFICERS, QUORUm, RULES OF PROCEO~E~ PROVIDING
· ."' FOR REIMB~S~T OF EXPENSES; SE~ING FORTH THE
'-' ' FUN~IONS, POW~S AND D~IES OF THE ADVISORY BO~D;
S~ING FORTH THE DUTIES OF THE ~ERGENCY S~VICES
ADMINIST~TOR OR HIS DESIGNEE; PROVIDING FOR R~I~
PROCESS; PROVIDING FOR CONFLI~ ~D S~E~BILITY;
PROVIDING ~ EFFE~IVE DATE.
~S, Collier County Ordinance No. 86-41 sets forth the
re~irements for creating County Adviso~ Boards; and
~S, Collier County Ordinance No. 75-6 created the
Ochopee Fire District In Collier County, Florida; and
~s, Collier county Ordinance No. 75-6, Section One,
Paragraph 2.b, requires the establishment of an adviso~ board to
advise the Board of County Co~issioners in matters pertaining to
the District; and
~S, an advisory board was established pursuant to
Collier County Ordinance No. 75-6 and has been in continuous
existence since 1975; and
~ER~S, it Is the desire of the Board of County
Co~issioners to confi~ and ratify the establishment of.such
adviso~ ~ard and to focalize the structure and operation of ~e
advtso~ board tn accordance with the provisions of Collier county
Ordinance No. 86-41, the Collier County Adviso~ Board Ordinancm.
NOW, THEREFORE, BE IT ORDAINED BY THE BO~D OF CO~TY
CO~ISSIONERS OF COLLIER CO~TY, F~RIDA, that:
~ION ONE. Board Confi~atlon of the Creation of the Ochopee
Fire District Advisory Board.
~e creation and establishment of the Ochopee Fire District
AdvXso~ Board (hereinafter referred to as the "Board") Xs here~
confi~ed and ratified.
~ ~Dmointment and Composition.
A. The Board shall be composed of five (5) members and such
me~rship shall consist of one (1) member from each of the
following areas:
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1. Everglades City - recommended by the Mayor
2. Plantation Island
3. Chokoloskee
4. Lee Cypress
5. Ochopee
B. Members of the Board shall be appointed b~ and serve a=
the pleasure of the Board of County Commissioners. Said members
shall be permanent residents within the District, except for the
member appointed from Everglades City, and all shall be electors
of Collier County.
C. Appointment of members to the Board shall be by
resolution of the Board of County Commissioners, which resolution
Ihall set forth the date of appointment and the term of office.
~ Terms of Office.
The initial terms of office of the Board shall be as follows=
A. Three (3) members will serve until December 31,
1989.
B. Two (2) members will serve until December 31,
1990.
Thereafter, each appointment or reappointment shall be for a
term of two (2) years. A member of the Ochopee Fire District
Advisory Board may be reappointed by the Board of County
Commissioners for one (1) successive term. However, other
q~alified applicants may be considered for any vacancy.
Appointments to fill any vacancies on the Board shall be for the
remainder of the unexpired term of office.
~CTION FOUR. Removal From Office: Failure to Attend Meetings,
A. Any member of the Board 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 Board fails to attend two (2)
consecutive Board meetings without a satisfactory excuse or if a
member is absent from more than one-half of the Board's meetings
in a given fiscal year, the Board shall declare the member's ~eat
to be vacant and the vacancy shall be filled by the Board of
County Commissioners.
~ Officers: Ouorum: Rules of Procedure.
A. Annually the membership of the Board 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 Board necessary to take action and
transact business. In addition, an affirmative vote of three
or more members shall be necessary in order to take official
action, regardless of whether three (3) or more members of the
Board are present at the meeting.
C. The Board 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 Board minutes,
resolutions, reports, and exhibits shall be submitted to the Board
of County Commissioners.
~ Reimbursement of E~Denses.
Members of the Board 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.
~ Functions. Powers and Duties of the Board.
The functions, powers and duties of the Board shall be as
follows:
A. To provide input and review major department
regulating documents.
B. To review and participate in the short/long term
training programs.
C. To participate in the goal setting process.
D. To review and provide input for departmental
programs or activities as determined by the
Emergency Services Administrator.
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To coordinate and represent the fire department with
community groups at fund raising activities.
F. 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
Ochopee Fire District for the next fiscal year. In
carrying out this responsibility, the Board shall,
no later than April 1st of each year, meet with the
Collier County Emergency Services Administrator or
his Designee and outline to the Administrator those
projects which th- Board wishes to accomplish
during the next fiscal year. Based upon this
information the Administrator or his Designee shall
prepare a proposed budget for the District, in
accordance with standard county guidelines
regarding the preparation of budgets. This
proposed budget shall then be reviewed by the Board
and upon approval by the Board be transmitted
through the Emergency Services 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 Board
fail to approve a budget by June 1st of each year,
the County Manager shall be authorized to sub~it a
proposed budget to the Board of County
Commissioners.
G. The Board may adopt and amend "Guidelines" to govern
their operation and the operation of the District,
subject to approval by the Board of County
Commissioners.
~J~02~_~LG~LT~ Duties of the Emerqencv Services Administrator or
His Desianee.
The duties of the Emergency Services Administrator or his
Designee shall be:
A. To administer the activities of the District in
accordance with established policies of the Board
of County Commissioners and guidelines adopted by
the Board.
B. To prepare the annual budget in accordance witht
Section Seven, Paragraph F, above.
C. To provide periodic written reports to the Board,
the County Manager and the Board of County
Commissioners on the activities of the District and
its finances in accordance with established
guidelines of the Board of County Commissioners or
the Board.
D. Attend all Board meetings.
~ Review Process.
This Board shall be reviewed once every four (4) years
commencing in 1990, in accordance with the procedures contained In
Ordinance NO. 86-41.
~ Conflict and Severabilitv.
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 & 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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
~.' of Collier County, Florida, this 19th day of December ,
STATE OF FLORIDA )
OOUNTY 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. 89-98
which was adopted by the Board of County Commissioners on
the 19th day of December, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of December, 1989.
JAMZS C. GILES -o · · '
Clark of Courts and Clerk- .....
Ex-officio to Board of '....
County. , ~C°m~lsst°ners .~: .. ;'.
·
Deputy Clerk "
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