Ordinance 87-097ORDINANCE NO. 87- 97
AN ORDINANCE CONFIP/~ING THE CREATION OF
THE WATER MANAGEME~"~ ADVISORY BOARD;
PROVIDING FOR APPOINTMENT AND CO~PO$ITION;
SETTING FORTH T~E TE~MS OF OFFICE;
PROVIDING FOR REMOVAL FROM OFFICE, FAILURE
TO A~ MEETINGS; PROVIDING FOR OFFICERS,
QUORUM, RULES OF PROCEDURE; PROVIDING FOR
REIMBURSEMENT OF EY. PENSES; SETTING FORT}{
THE FUNCTIONS, PO~TIRS AND DUTIES OF THE
ADVISORY BOARD; SE*:TING FORTH THE DUTIES
OF THE CObNTY WATE~ MANAGEMENT DEPAR~E~Ff;
PROVIDING FOR REVIEW; REPEALING SECTION 1.05
OF COUNTY ORDINANCE NO. 74-50; PROVIDING
FOR CONFLICT AND Sk~rE~%BILITY; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, created the Water Management Advisory Board in
1974 as contained in Section 1.05 of County Ordinance No. 74-50
to review and advise the Board of County CommissiOners on
projects, applications, and petitions which affect the surface
and groundwaters of Collier County, Florida; and
wHEREAS, Section 1.05 of County Ordinance No. 74-50 is not
specific in many areas regarding the composition, terms of
office, and operation of the Water Management Advisory Board; and
WHEREAS, County Ordinance No. 86-41 established standards
for creation and review of county advisory boards.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM~dISSIONERS OF COLLIER COUNTY, FLORIDA, that~
SECTION ONE. Confirm the Creation of the Water Management
Advisory. Board
This Ordinance is enacted pursuant to Ordinance No. 86-41 to
confirm the creation of the Water Management Advisory Bo~-~d,
hereinafter referred to as the "WMAB"
· SECTION TWO. Appointment and Composition
a) The WMAB shall consist of five (5) members whi~.]
generally represent the population of Collier County.
b) Members of the WMAB shall be appointed by and serve at
the pleasure of the Board of County Commissioners. Said members
shall be permanent residents and electors of Collier County.
No specific experience requirements shall be necessary as a
o
prerequisite to making application 'for appointment to the WMAB.
However, consideration sha~.l be given to applicants who have
,o. [l£§ ..,,.190
ex~erience in the areas of civil engineering, water resource
management, land development, environmental science,
hydrology/geology and related fields.
c) Appointment of members to the ~MAB shall be by
resolution of the Board of County Comisstoners, which resolution
shall set forth the date of appoin~men= and the term of office.
Initial appointments to the WMAB shall be made from those members
presently serving on the W~AB upon the effective date of this
ordinance. If for any reason there is an insufficient number of
members from which to designate the membership of the ~4AB, the
Board of County Commissioners shall request and accept
applications from the general public to complete the initial
appointment of members to the W~AB.
SECTION THREE. Terms of Office
The initial terms of office of the WMAB shall be as follows:
ai One (1] m~mber will serve until Februar~ 2g, 1988.
b) One (1] member will serve until February 26, 1989.
c) Two (2) members will serve until February 26, 1990.
d) One ~1~ member will serve until February 26, 1991.
Thereafter, each appointment or reappoin~ment shall be for a
term of four (4~ years. All terms of office shall expire on the
26th day of February.
A member of the WHAB may be reappointed by the Board of
County Co~issioners for one (1~ successive term. However, other
qualified appl£cants may be considered for any vacancy.
Appointments to fill any vacancies on the WMAB shall be for the
remainder of the unexpired term of office.
SECTION FOUR. Removal from Office~ Failure to Attend Meetinqs
a) Any member of the WMAB may be removed from office
unanimous vote of =he Board of County Commissioners.
b} If any member of the WMAB fails to attend two
consecutive WMAB meetings without a satisfactory excuse, or if a
member is absent from more than one-half of the WMAB~s meetings
in a given year, (February 26 to February 26) the WMAB shall
declare the member's seat to be vacant and the vacancy shall be
filled by the Board of County Commissioners.
SECTION FIVE. Officers~ Quorum; Rules of Procedure
a) Annually, at its first meeting in March, the membership
of the WMAB 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 WMAB necessary to take action and
transact business. In addition, an affirmative vote of three (3)
or more members shall be necessary in order to take official
action, regardless of whether three (3) or more members of the
WMAB are present at a meeting.
c) The WMAB shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of
business and shall keep a record of meetings, resolutions,
findings and determinations.
SECTION SIX. Reimbursement of Expenses
Members of the WMAB 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. Functionsr Powers and Duties of the WMAB
The functions, powers and duties of the WMAB shall be as
follows:
a. Act in an advisory capacity to the Board of County
Conwnissioners in all matters dealing with the regulation,
control, management, use or exploitation of all water resources
within collier County.
b. Review land. development, water resource and excavation
projects in order to evaluate their potential impact on the water
resources of Collier County.
c. Identify, study, evaluate, and provide recommendations
to the Board of County Commissioners on programs necessary for
the conservation, management and protection of the water
resources of Collier County.
d. Review and forward recommendations to the Board of
County Commissioners regarding violations of the County's
excavation and water management ordinances and policies.
e. Prepare and recon~nd to the Board of County
Commissioners a proposed priority schedule for implementation of
Master Water Management Plan capital improvement projects. In
carrying out this responsibility, the WMAB shall, in a timely
manner, but in any event no later than April 1st of each year
meet with the Collier County Water Management Director and
describe to the Director those capital projects which the WMAB
wishes to see accomplished during the next fiscal year.
Subsequently, the Director shall prepare a proposed capital
budget for the proposed master plan improvements, in accordance
with standard county guidelines regarding the preparation of the
budgets. The proposed priority schedule shall be reviewed by the
~dAB and upon approval and/or comment by the WMAB be transmitted
through the County Water Management Director to the Board of
County Cc~mnissioners for adoption in accordance with the
procedures for the adoption of budgets set forth under general
law and Board of County Commissioners' policy.
f. Recommend other work programs and priorities to the
County Water Management Department in accordance with the adopted
budget or budget a~endments which may be adopted by the Board of
County Commissioners in accordance with law. The execution of
work programs shall be under the direct supervision and
responsibility of the Water Management Director or his designee.
Said work may be performed under contract
law) or by County forces. '
g. The WMAB may adopt and amend "Guidelines" to govern the
operation of the County Water Management Advisory Board, subject
to approval by the Board of County Commissioners.
,oo
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SECTION EIGHT. Duties of the County Water Management Director
or H~s Des~nee
The duties of the County Water Management Director or his
Designee shall
a) Adm/nister the activities of the Coun=y Water Management
Department in accordance with established policies of the Board
of County Con~issioners and guidelines adopted by =he Wl~AB.
b) Prepare the annual capital improvement budge= in
accordance with Section Seven, Paragraph e, above.
c) Provide periodic written reports to the WF~tS, the County
Manager and the Board of County Commissioners on the activities
of the County Water Management Department and its finances in
accordance with established guidelines of the Board of County
Con~ssioners or the WMAB.
d) Attend all WMABmeetings.
SECTION NINE. Review Process
The WMAB shall be reviewed once every four (4) years
con~a~ncing with the year 1990, in accordance with the procedures
outline'd in Ordinance No. 86-41.
SECTION TEN. Repeal
Section 1.05 of Collier County Ordinance No. 74-50 is hereby
repealed as of the effective date of this ordinance.
SECTION ELEVEN. Conflict and Severabiltt¥
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 dee~ed a
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION TWELVE. 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 th~o rd of County Co~issioners
of Collier County, Florida, this ~'~_~_day of ~
CO~ISSIONERS
'J~'d. ~, Clerk COLLI~ CO~, ~ORIDA
Chai~an
Approved. as to fo~ and
legal ~ff~cien~
.~ _ ~ ~ ~ ~ls ~- f~d with ~
~' / ~mtaW of S:ct~% Office ~
~ ~l~em~t of that
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 true copy of:
Ordinance No. 87-97
.... which was adopted by the Board of County Commissioners on the 8th
day of December 1987, during regular session.
WITNESS my hand and the offioial seal of the Board of County
Commissioners of Collier County, Florida, this 8th day of
December, 1987,
JAMES C. GILES - ·
Clerk o~ Court,~'C'l~ ::% ~'-
Ex-officio to Board of "$
County,,~k~missiofle~..~ ~ !.~
By: Virginia Magrt'"~'~ .;~, '
Deputy Clerk