Agenda 10/10/2017 Item #16H2Proposed Agenda Changes
Board of County Commissioners Meeting
October 10, 2017
Withdraw Item 9B: ***This item has been continued from the September 26, 2017 BCC Meeting
Agenda.*** This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve an amendment to Ordinance Number 2005 -63, as
amended, the Cirrus Pointe RPUD, to reduce the minimum floor area for multi family dwelling units, and to
approve a second amended and restated Affordable Housing Density Bonus Agreement to allow the
Developer to have the option of constructing owner occupied units or rental units designated as Affordable
Housing Units. The subject property, consisting of 9.92± acres, is located at the northe ast corner of
Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County,
Florida. [PUDA- PL20170001626] (Petitioner’s request)
Move Item 16A12 to Item 11J: Recommendation to approve a Capital Improvement Project of
approximately $114,208, for the installation of two (2) Beach Tractor Shelters to be installed at the
Tigertail Beach Park and the Vanderbilt Beach Parking Garage to facilitate adequate equipmen t
protection and cleaning operations to prolong the operational life of beach cleaning equipment and make a
finding that this item promotes tourism. (Commissioner Taylor’s request)
Withdraw Item 16D3: Recommendation to approve a Community Development Blo ck Grant (CDBG)
release of a 20-year lien for the associated Boys & Girls Club of Collier County land acquisition project
consistent with CDBG requirements. (Staff’s request)
Continue Item 16F15 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier
County in continued support of the established public-private partnership designed to advance the
County’s economic development efforts. (Commissioner McDaniel’s request)
Continue Item 16F16 to the October 24, 2017 BCC Meeting: Recommendation to renew and
approve the annual Agreement between the Partnership for Collier’s Future Economy, Inc.
(“Partnership”) and Collier County in continued support of the established public-private partnership
designed to advance the County’s economic development efforts. (Commissioner McDaniel’s request)
Continue Item 16F17 to the October 24, 2017 BCC Meeting: Recommendation to renew and approve
the annual Agreement between Economic Incubators, Inc. and the Board of County Commissioners in
continued support of the established public-private partnership designed to advance the County’s economic
development efforts. (Commissioner McDaniel’s request)
Move Item 16H2 to Item 10A: Recommendation to
direct the County Attorney to advertise and bring back for
a public hearing an ordinance reestablishing the
Productivity Committee. (Commissioner Fiala’s request)
Time Certain Items:
Item 5D to be heard at 11:00 a.m.
10/10/2017
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an
ordinance reestablishing the Productivity Committee.
OBJECTIVE: For the Board of County Commissioner to reinstate the Collier County Government
Productivity Committee.
CONSIDERATIONS: In 1991, Collier County adopted Ordinance 91-10 which created the Productivity
Committee to review the efficiency of departments of county government under the jurisdiction of the
Board of County Commissioners, which ordinance was amended from time to time. The primary purpose
of the Productivity Committee was as follows:
“The Committee shall evaluate departments and divisions of Collier County Government under the
jurisdiction of the Board of County Commissioners to determine if those departments and divisions are
operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of
Collier County. Without limiting the generality of the foregoing, the Committee may analyze and review
existing structures, organizations, staffing, management, functions, business practices, and procedures of
any or all departments and divisions under the jurisdiction of the Board of County Commissioners. The
Committee may also conduct budget reviews, as appropriate, of any county based governmental entity or
office for which budgetary or other major financial oversight is exercised by the Board of County
Commissioners. The objective is to assure the County’s taxpayers that all options to conserve tax dollars
are being explored and that tax dollars are being used responsibly.”
The Committee was disbanded by the Board on November 10, 2013, along with a number of other
committees that the Board identified as no longer active or necessary. I b elieve that it would be
advantageous to the County to reinstate this committee to make recommendations for cost-saving and
efficiency measures.
FISCAL IMPACT: Estimated cost of advertising is $350.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and is approved
as to form and legality. The County Attorney took the Productivity Committee Ordinance in effect when
repealed by the Board. Commissioner McDaniel then made changes to the Ordinance as proposed
improvements to the Committee. Those changes are noted as underline/strikethrough to the repealed
ordinance, which is attached. One of the proposed changes involves the composition of the Board, and is
intended to mirror the Planning Commission with one member each from each District (nominated by the
Commissioner of the District) and two at-large members. The County Attorney deleted Section Nine
(Review Process) of the repealed ordinance as that process referred to an advisory board practice that was
eliminated by the Board. If approved, the County Attorney will advertise a clean version of the attached
ordinance (as may be further amended by the Board) for a public hearing before the Board. This item
requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners directs the Country Attorney to
advertise and bring back for a public hearing an ordinance reestablishing the Productivity Committee.
PREPARED BY: Commissioner William L. McDaniel, Jr.
10/10/2017
ATTACHMENT(S)
1. Proposed Ordinance - Productivity Committee (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.2
Doc ID: 3869
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a
public hearing an ordinance reestablishing the Productivity Committee.
Meeting Date: 10/10/2017
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
10/03/2017 10:26 AM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
10/03/2017 10:26 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2017 10:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/03/2017 10:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2017 1:13 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/04/2017 9:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
ORDINANCE NO. 2017 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR RE-
ESTABLISHMENT OF THE COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION;
PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL
FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR
OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR
REIMBURSEMENT OF EXPENSES; PROVIDING FOR THE
FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE;
PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER'S
OFFICE AND THE CLERK OF COURTS; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on January 29, 1991, the Board of County Commissioners (Board) adopted
Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee)
to review the efficiency of departments of County government under the jurisdiction of the Board;
and
WHEREAS, through its adoption of Ordinance No. 2001-37, the Board repealed
Ordinance No. 91-10, as amended, to incorporate revisions requested by the Committee; and
WHEREAS, the Board subsequently suspended the activities of the Committee via
Resolution No. 2012-161 at the request of the Committee's Chairman. This was due to the number
of vacancies on the Committee and the resulting canceled meetings due to a lack of quorum; and
WHEREAS, on November 10, 2013, the Board adopted Ordinance No. 2013-62, which
terminated certain advisory boards and committees, including the County Government
Productivity Committee, identified as no longer active or necessary and not required by statute;
and
WHEREAS, the Board desires to re-establish the County Government Productivity
Committee to assure the County's taxpayers that all options to conserve tax dollars are being
explored and that tax dollars are being used responsibly.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Re-establishment of the County Government Productivity Committee.
The County Government Productivity Committee (the "Committee") is hereby re-
established to review the efficiency of departments of County government under the jurisdiction
of the Board of County Commissioners.
SECTION TWO: Appointment and Composition.
A. The Committee shall be composed of eleven (11) seven 7 members who are appointed
by resolution of the Board of County Commissioner. Of these seven members, there shall be one
member from each of the five County Commission Districts, and two at -large members.
Committee candidates for the five County Commission District seats must be nominated by the
Commissioner of the District in which the candidate resides for both initial and subsequent terms
and receive a simple majority vote of the Board of County Commissioners. The two at large
members can be nominated by any Commissioner, but must receive a four-fifths vote of the BCC
for appointment or reappointment. They shall possess special expertise and experience related to
managing large organizations. In general terms, the membership shall reflect and represent the
community's diverse viewpoints and backgrounds, notwithstanding its principal problem -solving
purpose. The Committee shall seek private sector expertise in those categories that promote its
organization for work, as defined and advertised in specific position descriptions for all areas of
specialization. The Vice Chairman of the Board of County Commissioners or his/her board
designee shall serve as a liaison to the Committee and is encouraged to attend all Committee
meetings.
B. Members of the Committee 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.
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 term of office.
SECTION THREE: Terms of Office.
The initial terms of office of the Committee members shall be as follows:
A. Five (5) Three 3) of the District members shall serve for one (1) year.
B. Six (6) Two 2) of the District members shall serve for two (2) years.
C. ^'ate The at -large members shall serve for two (2) years.
Thereafter, each appointment or re -appointment shall be for a term of two (2) years. A
member of the Committee may be re -appointed by the Board of County Commissioners for one
(1) successive term; however, other qualified applicants may be considered for any vacancy.
Appointments to fill any vacancies on the Commissioner shall be for the remainder of the
unexpired term of office.
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SECTION FOUR: Removal from Office; Failure to Attend Meetings.
Removal of members from the County Government Productivity Committee shall be in
accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended
or by its successor ordinance.
SECTION FIVE: Officers; Quorum; Rules of Procedure.
A. Annually the members of the Committee shall elect a chairperson and vice chairperson
from among the members. Officers' terms shall be for one (1) year with eligibility for re-election.
B. The presence of fifty-one percent (51%) of the current voting membership, but never less
than five three total shall constitute a quorum of the Committee necessary to take action and
transact business. In addition, an affirmative vote of a simple majority, btA never- less than ` Of
the members r-epresenting a quefum at any given , shall be necessary in order to take
official action. Furthermore, by simple majority vote, but never less than 5 membersrp esent, the
Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its
Procedures, as adopted and amended from time to time, subject to the approval of the Board of
County Commissioners.
C. The Committee 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.
SECTION SIX: 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 function, powers and duties of the Committee shall be as follows:
A. The Committee shall evaluate departments and divisions of Collier County Government
under the jurisdiction of the Board of County Commissioners to determine if those departments
and divisions are operating at appropriate levels of efficiency and effectiveness to meet the
expectations of the people of Collier County. Without limiting the generality of the foregoing, the
Committee may analyze and review existing structures, organizations, staffing, management,
functions, business practices, and procedures of any or all departments and divisions under the
jurisdiction of the Board of County Commissioners. The Committee may also conduct budget
reviews, as appropriate, of any county based governmental entity or office for which budgetary or
other major financial oversight is exercised by the Board of County Commissioners. The objective
is to assure the County's taxpayers that all options to conserve tax dollars are being explored and
that tax dollars are being used responsibly. If so requested by a constitutional officer, the
Committee may perform additional functions for that office. in gFeater- de
B. Each member of the Committee may be assigned to serve on one or more subcommittees.
C. The Committee ^r eaeh membeF thee- shall prepare a report of findings and
recommendations to be submitted directly to the Board of County Commissioners upon
completion of such findings, provided, however, that such report and recommendations shall also
be submitted to the County Manager's Office to provide an opportunity for staff review.
D. The Committee meetings shall be open to the public.
SECTION EIGHT: Duties of the County Manager's Office and the Clerk of Courts.
The County Manager's Office will provide such documentation, information, descriptions
of procedures, secretarial support and general assistance to the Committee as may be necessary for
the Committee to carry out its functions as set forth herein.
The Clerk of Courts may provide the Committee with technical support concerning
financial auditing procedures and other technical assistance relating to financial audit and finance
during the course of the Committee's reviews.
r.
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SECTION 41WNINE: 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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION STEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered
or re -lettered to accomplish such, and the word "Ordinance" may be changed to "Section,"
"Article," or any other appropriate word.
SECTION 'T WELVEELEVEN: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of September, 2017.
ATTEST:
DWIGHT E. BROCK, Clerk
In
Approved as to form and legality:
Jeffrey A. Klatzkow,
County Attorney
BOARD OF COUNTY CONMESSIONERS
COLLIER COUNTY, FLORIDA
By:
Penny Taylor, Chairman