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Ordinance 86-41 .RECEIVED luc 15 n ORDinANCE NO. 86 - 41 ORDINANCE ESTABLISH G STANDA S AND PROVIDING A POLICY DECLARATION; PROVIDING EXEMPTION; PROVIDING DEFINI- TIONS; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENTS; PROVIDING TE~S OF OFFICE; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING ATTEN- DANCE REQUIREMENTS; PROVIDING SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT O~DAINED BY THE BOARD OF COUNTY CO~4ISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: POLICY DECLARATION. It is hereby declared to be the policy of the Board of County Commissioners of Collier County, Florida, to promote economy, efficiency and improved service in the transaction of the public business by County Boards. Nothing in this Ordinance shall be construed to prohibit or restrict the Co=~nission from amending or abolishing, at any time, any Board currently in existence or hereinafter created. SECTION TWO: DEFINITIONS. The term "Board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, commit- tee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term "Commi?sion" is defined as the Board of County Commissioners of Collier County, Florida. The t~rm "Exempt~ is defined to include Ad-Hoc Study Committees appc. inted by Resolution of the Board ef County Commis- sioners for a duration of not more than one (1) year and created to serve a specific short-term function. 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 sat fo=th the Board's purposes; functions; powers; responsibilities; Jurisdiction; membership requirements and restrictions; terms and conditions of appoint- ment to and removal from the Board; and the specific staff 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 Manager 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 Commission's delegation of a portion of its authority. 2.) Whether 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 estab- lishing and maintaining the new Board. 4.) Whether creation of the new Board is necessary to enable the County to obtain state or federal grants or other financing. 5.) 6.) Whether the Board should have bonding authority. Whether creation of a new Board is the best method to achieve the benefit desired. SECTION FOUR: EXEMPTION. The Board of County Commissioners may, by resolution, appoint an Ad-Hoc Study Committee for a specific project, if the duration of the Committee does not exceed one (1) }'ear duration. The resolution must set forth the duties and responsibilities of the Committee and contain language which automat3.cally dissolves the Committee in one (1) year from the date of adoption by the Commission. SECTION FIVE: !~UALiFICATIONS AND REQUIREMENTS FOR i?OR 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 se:~vice. In addition, all Board members should have 2 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, profes- sional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. No person shall serve on more than two County Boards simul- taneously. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board. Should any County Board member qualify as a candidate for an elective political office, such qualification shall be deemed a tender of resignation from such Board. 'Any County Board member who has qualified for elective political office prior to the effective date of this Ordinance shall not be required nor be deemed to have resigned from such Board. SECTION SIX: PROCESS OF APPOINTMENT. (a) Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse. (b) Prior to making appointments to Boards, !he Commission's staff shall provide the Commission %;ith a list outlining the qualifications and demographic backguound of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each Board to which an appointment-is being made. ,0~ I]24~ 87 SECTION SEVEN: 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; pro- vided, however, that any person currently serving on a Board shall be permitted to serve on that Board until the expiration of his or her term. (2) By a unanimous ¥ote of the Commission, the limita- tions set forth in subsection (b) (1) above may be waived. (c) Nothing set forth in subsections (b) (1) above shall prohibit any individual from being reappointed to a Board after a hiatus of two years. SECTION EIGHT: ATTENDANCE REQUIREMENT. Any Board member shall be automatically removed if he or she is absent fror] two consecutive Board meetings without a satis- factory excuse or if he or she is absent from more than one-half of the Board's meetings in a given fiscal year. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetin'g. 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 tc be reviewed, its Chairperson shall submit to the County Manager a report setting forth the following information regarding the ~.oard: 1.) Whether the Board is serving the purpose for which it was created. 2.) Whether the Board is adequately serving current co~munity 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, either public or private, which is serving or would better serve the purpos~ for which the Board was created. 5.) Whether the ordinance creating the Bo~,rd 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 %,hich a Board is to b9 reviewed, the County Manager shall deliver to the C~nission the report submitted by the Chairperson of each Board, pursuant t Section 9(a) of this Ordinance, together with any recommendation or comments the County Manager may have. (c) During March of the year in which a Board is to be reuiewed, the Chairperson shall make an oral presentation to the Con~nission. Said presentation shall be based upon the report s~)mitted to the County Manager pursuant to Section 9(a) of this Ordinance. At the conclusion of said oral presentation any Co~unissioner may request the formation of a subcommittee con- sisting of three (3) members of the Cdmmission. Said subcom- mittee shall evaluate ~he Chairperson's report, the County Manager's reccmmendations and any other information it deems relevant to determine whether the Board shall continue in its present form. The subco~ittee 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 Commis- sion shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. (e) The following Boards shall be reviewed in the years as set forth below and shall be reviewed o~ce every four (4) years thereafter: 1987: Board of Adjustment and Appeals Food Establishment Review Board Tourist Development Council Emergency Medical Services Advisory Council i II I 1988: Library Advisory Board Golden Gate Community Center Advisory Committee Contractors Licensing Board Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board 1989: Citizens Advisory Task Force Collier County Code Enforcement Board Golden Gate Parkway Beautification Advisory Committee Collier County Planning Commission 1990: Marco Island Beautification Advisory Committee Ochopee Fire Control District Advisory Committee Natural Resources Advisory Council (EAC/WMAB) Public Vehicle Advisory Committee Immokalee Airport Advisory Board (f) Ail Boards created after the effective date of this Ordinance shall be reviewed once every four (4) years thereafter. SECTION TEN: CONFLICT AND SEVERA~ILITY. 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 juri£~diction, such portion shall be deemed a separate, distinct and independent provision and such holding Ghall 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. '{)U. LY ADOPTED by the Board of County Commissioners 5~h day of August , 1986. Approved as to form and legal sufficiency: Ri B~e Ander~6n- -- Assistant County Attorney BOARD OF COUNTY COMMISSIONERS ' JJ~N A. PISTOR, Chai~an ~mta~ of Stete's Offl~ ~ ack~Iedge~p~ ~ STATE OF FLOR]DA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Cou~ts in and for the Twentieth Judicial Circuit, Collier County, Florida, do herek~, certify that the foregoing isoa true original of ORDIHANCE NO. 86-41 that was adopted by the Board of County Commissioners during Regular Session on the 5th day of August, 1986. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of August, 1986. JAI~S C. GILES, CLERK Clerk of Courts and Clerk Ex-officio to the Board of County Commissioners · ~. : ~ ~.,~..~