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Item B25 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Julv 27. 2000 Bulkltem: Yes X No Division: Growth Manae:ement Department: Marine Resources AGENDA ITEM WORDING: Approval of the new By-Laws for the Monroe County Marine and Port Advisory Committee ITEM BACKGROUND: The Marine and Port Advisory Committee is currently operating under the 1991 Resolution which briefly explains the purpose of the Committee. PREVIOUS RELEVANT BOARD ACTION: Approval of Resolution No. 057-1991 STAFF RECOMMENDATION: Approve the By-Laws as written TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A AMOUNT PER MONTH N/A PER YEAR N/A APPROVED BY: County Attorney X OMBlPurchasing N/ A Risk Management N/ A DEPARTMENT DIREcrOR APPROVAL: DIVISION DIREcrOR APPROVAL: Tim DOCUMENTATION: Included x To follow _ II :oft~ Agenda Item#: ~ DISPOSITION: MONROE COUNTY MARINE AND PORT ADVISORY COMMITTEE ADMINISTRATIVE PROCEDURES BY-LAWS Revised February 2000 ,. MONROE COUNTY MARINE AND PORT ADVISORY COMMITTEE ADMINISTRATIVE PROCEDURES and BY-LAWS Sec. (l.Oll GovemiD, Rules: Except as may be provided by these Procedures and By-Laws, questions of order, the methods of organization and the conduct of business of the Committee shall be governed by Robert's Rules of Order. Newly Revised. 1990 Edition. Policies of the Board of County Commissioners and by adopted Policy decisions of the Committee. Sec. (l.02) Meetin,s: (a) Regular Meetings: The Committee shall hold regular meetings on the first Tuesday of the month. every other month. commencing at 7:00 p.m. Meetings shall be held on a regular basis in Marathon. No meeting shall be scheduled when the day fixed for a regular meeting falls on a day designated as a holiday. Regular meetings may be postponed or cancelled by Committee action and may be re-scheduled on another suitable day. With advanced notice, in extenuating circumstances. the Chair and/or the County Adm1n1strator may designate other suitable locations. (b) Special Meetings: A special meeting of the Committee may be called by the Chair whenever. in his/her opinion, the public interest may require it, and shall be called whenever a majortty of the committee request a special meeting. Whenever a special meeting shall be called by the Chair, a written request signed by the Chair shall be delivered to the County Adm1n1strator; and whenever a special meeting shall be called by members of the Committee. a written request signed by at least four (4) members of the Committee and shall be delivered to the County Adm1n1strator. The request shall state the purpose of the meeting. The County Adm1n1strator shall forthwith selVe either verbal or written notice. unless specifically waived. upon each member of the COmmittee, stating the date and hour and the place of the meeting and the purpose for which such meeting is being called. The County Adm1n1strator shall insure the proper notice is given under statue and Attorney General opinion per F.S. 286.011. No other business shall be transacted at that meeting unless a full ten (10) member quorum is present and unanimously agrees to the additional items. The Adm1n1strator in his notice shall allow at least forty eight (48) hours to elapse between the call of the meeting and the date and hour of the meeting. If, after reasonable diligence, it was impossible to give notice to each Committee member. such failure shall not affect the legality of the meeting if a quorum (simple majortty) be in attendance. The minutes of each special meeting shall show the manner and method by which notice of such special meeting was given to each member of the Committee or shall show a waiver of notice. All special meetings shall be open to the public and shall be held and conducted in an approprtate location designated by the Chair or the County Adm1n1strator. Minutes thereof shall be kept by the Administrator or his designee. as is kept for regular meetings. 1 Sec. (I.OS) Alenda: (a) Oftlclal Agenda: An agenda W1ll be prepared by the County Administrator's office or his designee for every regular meeting or special meeting of the Committee. A written add-on agenda shall be prepared by the County Administrator's Office for every regular meeting or special meeting of the Committee, if necessary, and W1ll be considered an official agenda. The COmmittee shall not take action on any matter, proposal, report or item of business which is not listed upon the official agenda, unless there is a unanimous consent of the Committee on the day of a sCheduled meeting to the presentation thereof for consideration and action. All regular meeting agenda items W1ll be delivered to the Administrator's office by 4:00 p.m. on the second Friday preceding the scheduled meeting date. Add-on agenda items W1ll be delivered to the Administrator's office by 4:00 p.m. on the Friday preceding the scheduled meeting date. The agenda shall be prepared and distIibuted not later than five (5) working days preceding the meeting on Thursday. (b) Regular Meeting Agenda Items: Matters for consideration may be placed on the regular meeting agenda only by a member of the Monroe County Commission (governing body), Committee Members, the County Attorney, the County Clerk and the County Administrator; written comments and/ or recommendations from staff as is appropriate. (c) PubUc Input: To provide that any member of the public who wishes may have the opportunity to address the COmmittee on items from the agenda, the Committee W1ll allow individuals to address said issue for a period not to exceed three (3) minutes per individual or five (5) minutes per group and as provided for under Section (1.11) Rules of Debate contained herein. Sec. (l.041) Presidine Officer. Election. Duties: (a) Chair: The Presiding Officer of the Committee is the Chair, who shall be elected by a simple majority vote of the members present at the regular meeting for the month of January in any given year. Selection of the Chair shall be nomination from the floor, with no second required, followed by alphabetical roll call vote of Committee members on each nomination, in order of nominations made. Selection of the Vice Chair shall be in an identical manner. (b) Vice Chair: If, for any reason, the Chair is absent or unable to perform his/her duties, the Vice Chair, who W1ll have been elected under the same circumstances as the Chair, shall succeed the Chair. If the COmmittee detenntnes that the disability or absence is expected to extend for a period of time in excess of the length of the meeting at which this is detenntned, a new Vice Chair shall then be elected by a simple majority of the members present at that meeting. (c) Presiding Officer: The Presiding Officer shall preseIVe stIict order and decorum at all meetings of the Committee. A majority vote of the members present shall govern and conclusively detenntne all questions of order not otherwise covered. The Presiding officer may vote on all questions. his/her name being called last. The Chair shall sign all resolutions adopted by the committee in his/her presence. In the event of the absence of the Chair, such resolutions shall be signed by the Presiding Officer. The Chair shall represent the Committee before the Monroe County Port Authority and the Monroe County Commission. 2 Sec. (1.05) ParUamentarlan: The COmmittee shall designate one of its own members to act as parliamentarian. Sec. (1.06) Additional Omcers: A Secretary for the purposes of calling the roll. recording the Minutes, retaining documents to be entered into the Record of the Committee's proceedings, and other lawful duties necessary for the efficient functioning of the Committee may be provided by the Office of the County Administrator. Sec. (1.07) Call to Order: The Presiding Officer shall take the chair at the hour appointed for the meeting and shall immediately call the Committee to order. In the absence of the Chair. and the Vice Chair, the Secretary shall then detennine whether a quorum is present and in that event shall call for the election of a Temporary Chair. Upon the arrival of the Chair or the Vice Chair. the Temporary Chair shall relinquish the chair upon the conclusion of the business immediately before the Committee. Sec. (1.08) Quorum: A majority of the whole number of members of the COmmittee shall constitute a quorum. No resolution or motion shall be adopted by the Committee without the affinnative vote of the majority of the members present at any meeting. Should no quorum attend within thirty (30) minutes after the hour appointed for the meeting of the COmmittee. the Chair, or the Vice Chair, or in their absence, the Secretary. may adjourn the meeting until the next day; unless by unanimous agreement those members present and their action at such meeting shall be recorded in the minutes by the Secretary. Sec. (1.10) Order of Busmess: All meetings of the Committee shall be open to the public. Promptly at the hour set forth for each meeting. the members of the COmmittee. the County Attorney (or his designee), and the Secretary shall take their stations in the meeting hall. The business of the Committee shall then be taken up for consideration and disposition in accordance with the agenda for the meeting. The agenda shall constitute the order of business. unless otherwise detennined by a majority of the members present. Sec. (1.11) Rules of Debate: (a) Questions under Consideration: When an item of business has been announced by the Secretary. the Chair shall first ask if there is any member of the audience who wishes to be heard regarding this matter. Expert witnesses may be required by the Chair to provide documentation establishing their credentials prior to said testimony being entered into the record as "Expert Witness Testimony". Any person who wishes to be heard shall. prior to the item being called. provide the Secretary with his/her name and residence. and the agenda item on which he/she wishes to be heard. Upon conclusion of the audience participation. the Committee shall then consider the item. After the Committee has begun its discussion of the item, no further audience participation shall be permitted, unless by committee majority a member of the audience is permitted to respond to specific questions from the Committee Members. A motion must be made and properly seconded in order for official 3 action to be taken by the COmmittee. The presenter/mover shall be allowed to address the COmmittee on the motion Initially, whereupon each of the other Members shall be allowed to address the Committee on the motion before it in alphabetical order as is done on a regular roll call: except that the presenter/mover shall have the right to address the Committee Initially and to close the debate on the matter under consideration. (b) As to the Chair: The Chair or such other Member of the Committee as may be presiding may move, second, and debate from the chair: Subject only to such l1m1tations of debate as they are rules imposed upon all members and shall not be deprived of any of the rights and privileges of a Member by reason of his being the Presiding officer. (c) Obtaining the Floor, Improper References: Every' Member des1r1ng to speak for any purpose shall address the Presiding Officer, and upon recognition, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. (d) Interruption: A Member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order; or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be detenntned by the Presiding Officer, and if in order, he/she shall be permitted to proceed. Any Member may appeal to the COmmittee from the decision of the Chair upon a question of order when without debate the Chair shall submit to the COmmittee the questions, "Shall the decision of the Chair be sustained?" and the COmmittee shall decide by a majority vote. (e) Roll Call Vote: No Member of any state, county or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each member present, except when, with respect to any such matter there is, or appears to be, a possible conflict of interest under provisions of Florida Statutes Sections 112.311, 112.313 or 112.3143. In such cases said member shall comply with disclosure requirements of Section 112.3143. Sec. (I.12) Readine of the Minutes: Unless a reading of the minutes of a meeting is requested by a majority of the COmmittee, such minutes shall be considered approved without reading; provided that the County Adm1n1strator (or his designee) deliver a copy thereof to each member of the COmmittee at least five (5) working days preceding the next meeting on Tuesday. The minutes of the meetings may be approved by majority of the members present, and upon such approval shall become the official minutes. Sec. (1.13) Votes by Roll Call: The vote upon every' motion or resolution may be taken by roll call in alphabetical order except the Chair shall be the last member called, and the vote shall be entered upon the minutes. Resolutions, proclamations, or written recommendations shall be signed by the Presiding Officer at such meetings and by the Secretary before they are entered upon the minutes. Each Resolution and Motion shall contain, at the conclusion of the "Passed and Adopted" clause, a list of the members of the Committee and the vote cast by each (''Yes'', "No", "Abstention", or "Not Present"). 4 Sec. (1.14) Decorum: Any person making Impertinent or slanderous remarks or who becomes boisterous while addressing the Committee shall be barred from further audience before the Committee by the Presiding Officer, unless permission to continue or again address the Committee be granted by the majority vote of the Committee. Sec. (1.15) Ser,eant-At-Arms: While probably unnecessary for the purposes of this Committee. the Presiding Officer shall make the determination whether a Sheriff is required for the purposes of maintaining order and decorum in accordance with these rules and FlOrida Statutes. Sec. (1.16) Motions. Resolutions and Recommendations: (a) Preparation of Resolutions and Recommendations: The Secretary, when requested. shall prepare resolutions and draft recommendations. a copy of which shall be provided to both the County Administrator the County Attorney before such documents are presented by the Chairman to the County Commission (Port Authority). All resolutions. contract recommendations or formal presentations of the Committee shall have been reduced in writing and may have been approved as to form and legality by the County Attorney. When so referred. the County Attorney shall affix his signature to the document certifying to the legal sufficiency and shall append his recommendations as appropriate. Any action by the committee which has the effect of "advising" or "recommending" expenditures of public monies by the Board of County Commissioners shall adhere to County purchasing Policies and Procedures. which are founded in public law requirements. (b) Introduction for Passage or Approval: Motions. resolutions. recommendations and other matters and subjects requiring action by the Committee must be introduced and sponsored by a member of the Committee: except the County Administrator. County Attorney or any member of the Monroe County Commission may also sponsor an item for consideration. providing that any such item prepared at the request of a Commissioner or Department Director shall bear the name of the person on the document. Sec. (1.17) Adjournment: A motion to adjourn shall always be in order and deCided without debate. Said motion cannot be amended. except where there is no other business before the Committee. nor can it be reconsidered. Sec. (1.18) Minutes. Correspondence: (a) Secretary to the Committee: The County Administrator. or his designee, shall act as the Secretary to the Committee and shall prepare the minutes and attest to all motions, resolutions and recommendations of the Committee. (b) Correspondence: Correspondence of a general nature addressed to the Committee shall be referred to the County Administrator without first flUng with the Committee. The receipt of all correspondence will be immediately acknowledged. Current files of such correspondence will be maintained for the Committee's examination and/or action. The County Administrator shall advise the Committee when action is required in response to any correspondence received. 5 (c) OfBclal Minutes: The official minutes as prepared by the SecretaIy shall be as brief as possible and reflect only the very essential elements or actions. Those items spectftcally requested by the Commtttee shall appear in the minutes in the manner as directed. Sec. (1.19) The Committee and it's Sub-Committees: (a) Establishment of the Marine and Port Advisory Committee: This Marine and Port Advisory Commtttee, having been duly established by passage of the follOwing resolutions by the Monroe County Board of County Commtssioners; 124-1977, 55--1977, 057-1991, and 138-1991; shall consist of ten members consisting of two appointments from each County Commtssioner, all to seNe without pay. The terms of the Marine and Port Advisory Commtttee members shall be staggered, with appointments for three years. (b) Chairmanship or Chair: A Chair shall be elected once a year by the committee members in accordance with Section (1.04) of the Admtntstrative Procedures contained herein. A Vice Chair shall be elected in a stmtlar manner. (c) Function: The Commtttee will only function in an advisory or investigative manner, having no legislative, directive or enforcement authority. (d) Formal Action: Any item requtrtng formal action shall be referred to the Board of County Commtssioners for action at a regular meeting for consideration. (e) Scheduled Meetings: Committee meetings shall be scheduled through the County Administrator's office with appropriate notice requirements of statute. Typically meetings will be scheduled on the second Thursday, every other month. (f) Committee Reports made to the County Commission: Commtttee reports to the County Commission may contain recommendations of actions but must contain all data and views concerning the matter so as to inform the Commtssion of all available information prior to their decision, and not simply consensus views. (g) Minutes: Taped minutes of all meetings shall be made and delivered to the Admtntstrator's Office. Written minutes shall be made and distributed to each Commtssioner by a representative from the Admtntstrator's office, functioning as the Commtttee's SecretaIy. (h) Annual Report: The Commtttee shall provide the Board of County Commtssioners with a written or oral report at least once a year based on a schedule developed and distributed by the County Admtntstrator. (1) Subcommittees: The Committee may form subcommtttees to be headed by a member of the full Commtttee in order to focus attention on specific areas of interest. U> Address: The official address of the Marine and Port Advisory Commtttee: Monroe County Marine and Port Advisory Committee c/o George Garrett 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 6 " . ~~f ,.., ~ F'L~r- ~ ~ ~. :)? D Commi..ioner Ch~al . 91 rlnn 6 PM 1 Lt 1 r . ....,.. I ,',. .foe:: RESOLUTION NO. OS7 -1991 {. CT'A RESOLUTION AMEBDING RESOLUTION NOS. 24-1977 ~OUHTY." 55..1977 III OIDEa TO CLA1lI~.:rH^~~:lU'~. ING BODY OF THE MQNllOE COUNTY' POaT';~ OUTY.! IS TIlE BOARD OF COUllTY COMMISSIOlfEU;;OF MonaE COURTl AND IN OIDEIl TO REACTIVATE THE PoaT AUTBOllITY ADVISOllY COMMITTEE AIm TO ESTABLISH STAGGDED TERMS FOil THE MEMBEllS TBDEOF. (' MONRO _ WHEREAS, tbe Board of County Commissioners of Monroe County, ha. beretofore, passed aesolution Hos. 24-1977 and 55-1977, which established a Monroe County Port Authority and a Monroe County Port Advisory Committee, and WBEIEAS, the Board of County Commissioners and tbe Monroe County Port Autbority, bave requested and received advice from tbe Monroe County Por1: A4v1aor~, Committee on a number of marine issues, and WHEREAS, tbe current membership of the Monroe County Port Advisory Committee has lapsed, and WHEREAS, it is desired that the Monroe County Port Advisory Committee continue to serve in an advisory role to the Board of County Commissioners and the Monroe County Port Authority, and WP.EP~, it is dea~ed that the terms of the Monroe County Port Advisory Committee be staggered, and WHEREAS, it is desired that the advisory duties of the Monroe County Port Advisory Committee be more specific to the manner in which it has functioned, and WHEREAS, it 10 desired that the name of the Monroe County Port Advisory Committee be changed to reflect the change in advisory duties, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COHHISSIONEllS OF MONROE COUNTY, FLORIDA, that Resolution Nos. 24-1977 and 55-1977, passed and adopted in regular sessions on February 15, 1977, and April 19, 1977, be hereby amended to read a8 follows: I. ~ .".. ...........,.....,.....-.. , ...... -, . I "WBlR!AS. Florida Statut.s Section 315.13 author- izes the goveming body of a County to form a Port Authority by resolution. now, therefore. BE IT USOLVED BY THE BQAlU) OF coUNTY COtIfiSSION- ZRS OF !l)NIOE COtnn'Y. n.oalDA. in regular se..ion assembled. this 15th day ofF~b~ry. 1977. that a Port Authorit:y is hereby formed. The boundaries of which Port Authorit:y or Port ~i~trict shall be the boundaries established as the County boundaries of Monroe County. Florida. and the Port Commissioners are hereby dedg- nated to be the regularly elected County Commissioners from each district. who shall also hold office as Port Commisa1onera by virtue of their election as County Commissioners from Monroe Count:y. Florida. BE IT "UK.uU.1l 'RESOLVED BY SAID BOARD that the Port Authority cla1Ju all rights. power.. privileges. financing. prcaotional and advertising activities and source. of fund. belonging to uid Port Authority by virtue of Chapter 315 of the State Staeutes as .-ended hereafter by the Legislaeure of the State of Florida. BE IT ALSO FUaTBEa 'RESOLVED BY SAID BOARD. that the Port Authority herein created shall have the power to appoint a Monroe County Karine and Port Advisory Committee which committee members may be appointed by the Board of County Commissioners acting as the Monroe County Port Authority and a~ the Monroe County Board of County Coaaissioners. The committee shall consist of ten members consisting of t:Wo appointments from each Commissioner, all to serve vithout pay. The initial terms of the Monroe County Marine and Port Advisory Committee members shall be seaggered such that four members vil1 be appointed to three-year terms, four membeTs vi 11 be appointed to two-yeaT termS, and six ~~1 .~,...;. ~~f;~~~" . ::}~.:.~.~ " ....... appointed to one-year terms. members will be ~ ~4, ~ _"101 If\.. ~7'" .11-- 1 ~~_. - I , , . . t .. ~___J Replacement term. .ha11 be for a period of three year.. The Monroe Count,. Kar1.De and Port Advbory COIIIIDittee .ha11 have no power. other than to malte inforaed recoa- ..nutiona and sive aclv1ce to tbe Monroe County Port Authority and tbe Monroe County loard of Count,. eo-t... .toners on ..tter~ re1atins to ports and marine i.sue., a. requested b,. action of tbe Autbority or tbe loard, en:'.. botb. The Port Advi.ory COIIIIDittee .ban .e1ect a chairman of tbe C~ct_, and all meeting. of tbe Port Advi.ory Coaaittee .ha11 be public ..etins. and open to tbe public at all time.. " PASSED AND ADOPTED b,. the loard of Count,. Commi..ioner. of Monroe County, Florida, at a reau1ar meetins of .aid Board be1d on tbe ~ da,. of VebrunT, 1991. Ye. - Ye. Ye. Yes Yea IIIJ81 "OVtla London COIIIIDi..ioner Cheal Commi..ioner Jone. Commi..ioner Stormont BOARD OF COUNTY COMMISSIOllDS OF HORllOE COUNTY, noaIDA . . ~ . By ~~ ..'"~ ;"""'- ,-~ I' . "(- yor a rman (SEAL) Atte.t: DANNY 1. EOLHAGE, Cluk ,/21:. ~:1. J)/ ~ AJIMlNfD~.c: ~. .';' I',"!:- 0 ~:"~'.:" ,~- . . .. 0"" .... r-'1 Monroe County Comml..1oD FllE(I C"a~ lItr!::Opn '91 nAY -1 P 3 :12 RESOLUTION NO. 138-1991 . o.~,A RESOLUTION OF THE BOARD OF COUNTY COHMIS- QAHN I . ~O~n..utsIOMERS OF MONROE COUNTY FLORIDA AKEMDING J1O..~'tC&L~T~\LIESOLUTION 50. 057-1991 I1f omER TO COIlUCT A . ICUVEl'lD' S EooR BY CLAllInii.~';' .1:'. TERMS OF 'IBE MOMIlOE COUNTY ._ '.1: _. . -,; . - . _<I ADVISOIlY COMKlTTEE MEMBERS. . "~.'j:.!> WBEIlEAS, on r.bruary 20, 1991, th. Boud of County ec-1.- doner. of Monroe County .dopt.d ....olutiOD 80. 057-1991 r.lucl1D& the Monro. County Port: Authority and Port Authority Advi.ory Committe.. and 1lBERUS, R..olutioD Bo. 057-1991 cODt&1ned a .crivener'. . .rror in the cIa.cription of th. DUIIIb.r of lIGIb.r. to be appoint.d to the initial terma of.tb& cama1tt.e. now, ther.for., BE IT USOLVED BY TIlE BOAJU) or COUIITY CCl4KISSIORDS or It)ftOE COUNTY, J'LOIllDA, .s follova I S.CtiOD 1. ....olutiOD Bo. 057-1991 b b.r.by ~clad in orclar to corr.ct a scriven.r'. .rror by clarifyin& that the inirtal tft1ll8 of tb....MoDroa COUftty Marin. &Dd Port Advi.ory CoaD1tUe .hall be stau.red such that four ......r. vill be appoint.d to three-y.ar t.rma, four ID8IIIber. will be appointed for twO-year t.na., and twO _bers vill be appointed to one-year t.rma. S.ctiOD 2. Thi. Re.olution correcting a scrivener'. error sball be con. trued DUDC pro tunc to February 20, 1991. PASSED AIm- ADOEnD-.bJ.. the Board of County COaD188ioners of Monro. County, Florida, at a regular ..eting of said Board held OD the 24th clay of Ap r 11 . A.D. 1991. Mayor Harv.y Ye. Mayor Pro Tem London Yes Commis.ioner Cheal Yes Commi..iOD.r Jone. Yes C==m1..iGDer Stormont Yes BOARD OF COUNTY CCHtISSIOMERS OF ~NROE COUNTY, FLORIDA -. . - ~\ . By: \.~ ..""J.... ~ '-'"- t . ~ t'layor/cha1xman (SEAL) A'rl'EST: DANNY L. KOLHAGE. CLERK __..70","" ~ AND ~ SlJlFlClENCY. I . . ? . -?;? ., ~r~~~ L:- OaM 'i -,'5.- - \q I 'y'~~-1- ep y erk j t ~h ~~