Loading...
Ordinance 86-91 ~ o5 ~' ~ ~7'ORDINANCE NO. 86- 91 AN ORDINANCE CREATING THE MARCO ISLAND BEACH ~ '~ .f . .RENOURISHMENT ADVISORY COMMITTEE; PROVIDIN~ Ct~.~!:: ~. ,' - FOR APPOINTMENT ANt COMPOSITION; SETTING FORTH ~Q~%o%%~ ~'. ' THE TERMS OF OFFICE; PROVIDING FOR REMOVAL EROM OFFICE, FAILURE TO ATTEND MEETINGS; PROgIDIN~ FOR OFFICERS, QUORUM, RULES OF PROCEDURE; ~ PROVIDING FOR REIMBURSEMENT OF EXPENSES; -~ SETTING FORTH THE FUNCTIONS, POWERS AND DUTI~ OF THE COMMITTEE; SETTING FORTH THE DUTIES O~ THE PUBLIC WORKS ADMINISTRATOR; PROVIDING FOR"~ REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Creation of the Marco Island Beach Renourishment Advisory Committee. This Ordinance is enacted pursuant to Emergency Ordinance No. 86-31 enacted by the Board of County Commissioners on June 17, 1986, creating the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit in Collier County, Florida, and providing for an advisory group to advise the Board of County C .o~. ssioners in matters pertaining to the District~ There is hereby created the Marco Beach Renourishment Advisory Committee, hereinafter referred to as the "Committee". SECTION TWO. Appointment and Composition. A. The Committee shall consist of nine (9) members which representation shall cons'st of approximately one-half from co-ops or condominium associations and approximately one-half from the single-family residential areas of the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit, as described in Ordinance No. 86-31. B. Members of the Committee shali be appointed by and serve at the pleasure of the Board of"County Commissioners. Said members shall be permanent residents within the Municipal Service Taxing Unit 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. 1 SECTIOF THREE. Terms of Office. The initial terms of office of the Committee shall be as follows: A) Three (3) members shall be appointed for a term of two (2) years. B) Three (3) members shall be appointed for a term of three (3) years. C) Three (3) members shall be appointed for a term of four (4) years. Thereafter, each appointment or reapPoi~tment 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 by a majority vote of the Board of County Commissioners. B) If a~ 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.' Officers; Quorums 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 five (5% 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 transaction of : business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 2 SECTION $~X. 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, improved storm protection of beaches, and for public access to beaches as set forth in County Emergency Ordinance No. 86-31. 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 Committe.e~,,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 see 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 f~r adoption in accordance with the procedures for the adoption of budgets set forth under general law and 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. 3 for the purposes of providing beach renourishment, improved storm protection of beaches, and for public access to beaches. D) The Committee shall recommend to the Public Works Administrator or his Designee the location of property for beach access easements. E) 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 in accordance with law. The execution of work programs shall 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. F) The Committee may adopt and amend "Guidelines" to govern their operation and the operation of the Municipal Service Taxing Unit, subJec%,~to approval by the Board of County Commissioners. SECTION EIGHT. Duties of the Public Works Administrator or His Designee. The duties of the Pu]:lic 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) 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) All reports, studies, plans, etc. shall be reviewed and coordinated with the County Natural Resources Management Department. : E) Attend all Committee meetings. 4 323 SECTION NINE. Review Process. This Committee shall b~ reviewed once every four (4) years commencing with 1991, in accordance with the procedures contained in Ordinance No. 86-41. ~'. SECTION TEN. 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 the 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 ELE"v"EN. 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 ANS.'DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 23_~L~aY of December , 1986. j~ES' "~..~.GILE~., Clerk .='./2=: ..V'.zrg~z~ ~.~gri~· Deput~lerk ".:.'.~pr~ved, ~'-'~6- form and legal :~ ddf fici'en'c¥.: '.:~ David. C. Wei~l /) - Assistant' Count~torney BOARD OF COUNTY CO~ISSIONERS COLLIER CQiCNTY, FLORIDA Max A/ Hasse, Jr., Chairman Thl~ ordinance filed with the Secc. etary of St/~Te's Offk~..t~/ and ocknowledgeme~t of lhat 025 ,,','. 3'2 4 5 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida,: d6 hereby certify that the foregoing is a true copy of' ORDItrANCE NO. 86-91 that was adopted by the Roard of County Commissioners during Regular Session bn the 23rd day of December, 1986 WITNESS my hand and the official ~eal of the Board of County Commissioners of Collier County, Florida, this 26th day of December, 1986. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to the Boa~"6'~,,,,. County Commtssione~'q,~)','.~.~$ By :,~~~ .. ,~ '.., , :~ ,. ~., ~ '..,, 9 ~,,~ r,~'...'