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DSAC Agenda 04/04/2018Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA April 4, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Approval of Agenda III. Approval of Minutes from March 7, 2018 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Tom Chmelik or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shawn Hanson and/or Shar Hingson] E. North Collier Fire Review update – [Dale Fey] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VI. New Business A. Review of DSAC Committee Responsibilities [Bill Varian/Scott Stone] VII. Old Business VIII. Committee Member Comments IX. Adjourn Next Meeting Dates: May 2, 2018 GMD conference Room 610 – 3:00 pm June 6, 2018 GMD conference Room 610 – 3:00 pm July 4, 2018 Cancel “Holiday” – Need to discuss August 1, 2018 GMD conference Room 610 – 3:00 pm September 5, 2018 GMD conference Room 610 – 3:00 pm April 4, 2018 3:00 PM 2800 N. Horseshoe Drive Growth Management Department DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA April 4, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Approval of Agenda III. Approval of Minutes from March 7, 2018 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Tom Chmelik or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shawn Hanson and/or Shar Hingson] E. North Collier Fire Review update – [Dale Fey] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VI. New Business A. Review of DSAC Committee Responsibilities [Bill Varian/Scott Stone] VII. Old Business VIII. Committee Member Comments IX. Adjourn Next Meeting Dates: May 2, 2018 GMD conference Room 610 – 3:00 pm June 6, 2018 GMD conference Room 610 – 3:00 pm July 4, 2018 Cancel “Holiday” – Need to discuss August 1, 2018 GMD conference Room 610 – 3:00 pm September 5, 2018 GMD conference Room 610 – 3:00 pm March 7, 2018 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, March 7, 2018 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Brad Schiffer Chris Mitchell Robert Mulhere Mario Valle (Excused) Norman Gentry Marco Espinar Ron Waldrop (Excused) Laura Spurgeon DeJohn Jeremy Sterk (Excused) Jeff Curl ALSO PRESENT: Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Jeremy Frantz, Senior Planner Mike Ossorio, Director, Code Enforcement Division Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Ken Kovensky, Director, Operations and Regulatory Management Danette Kinaszczuk, Pollution Control Manager March 7, 2018 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00pm II. Welcome New Committee Member Jeff Curl Mr. Curl was welcomed as a new Member of the Committee. III. Approval of Agenda Mr. Foley moved to approve the Agenda. Second by Mr. Boughton. Carried unanimously 9 - 0. IV. Approval of Minutes from February 7, 2018 Meeting Mr. Mulhere moved to approve the minutes of the February 7, 2018 meeting as presented. Second by Mr. Foley. Carried unanimously 9 - 0. V. Public Speakers None Ms. Spurgeon-DeJohn arrived at 3:04pm Mr. Dunnavant arrived at 3:06pm VI. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report January 22, – February 21, 2018 Highlights” for information purposes. Staff continues there community sweeps and participated in Immokalee Community Redevelopment Area meetings and will be enforcing regulations pertaining to mobile homes in the area. Mr. Gentry arrived at 3:13pm B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Fey provided a chart detailing Response Times for Letters of Availability and FDEP Permits. He noted: • The charts will be provided to the DSAC on a monthly basis for information purposes. • Staff is working on updating the Utility Standards Manual. • Staff will be revamping the process for requirements of pre-application meetings as in an effort to eliminate lacks of communications further along in the permit process for items such as available capacities, points of service, looping requirements, etc. Under Committee discussions, the following was noted: • The pre-app requirement does not apply to land use permits. • Should the availability letters be eliminated as a requirement in the Utility Standards Manual and be addressed at the pre-application meeting? - Mr. Fey noted he could review the request to eliminate the requirement would require a change in the Ordinance which requires a Staff review, development of amended language and approval by the Board of County Commissioners (BCC). March 7, 2018 3 C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Mr. Ahmad reported: • Vanderbilt Dr. Bridge – Sidewalk open, bridge open by Friday. Ribbon cutting 10am – March 15th. • White Blvd. Bridge – 32 percent complete, estimated completion June/July 2018. • Golden Gate Blvd.- Wilson to 18th – project complete. • Golden Gate Blvd. – 18th to Everglades Blvd. – Design build project, Selection committee ranked firms, BCC review 3/27, contract anticipated for May/June, permits and construction. • Vanderbilt Beach Road Ext. Collier Blvd east to 16th – Notice to Proceed issued to Jacobs Engineering, 2 ½ year for design/construction. D. County Fire Review update – [Shar Hingson and/or Shawn Hanson] None E. North Naples Fire Review update – [Dale Fey] None F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County February 2018 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report: • Permit applications at unprecedented level (5,906 February 2018 compared to 3,200 in February 2017). • Staff estimates 30 percent of the volume is Hurricane Irma related. • Staff is trying to maintain response times and there are several openings for Planning Technicians. • Staff is also being cross trained on different services and working overtime in attempt to alleviate the back log in applications. • The Human Resources Division has been contacted on the feasibility of outsourcing some work. • He will be presenting a “Staffing Plan” at an upcoming meeting and Staff is working on the FY19 budget. The Committee noted investigation may want to be undertaken to determine the feasibility of linking the payment by credit card with the CityView portal. G. Development Review Division update [Matt McLean] Mr. McLean reported: • Staff is working overtime given the high volume of applications being processed through the County. • Two additional inspectors have been engaged to address the high demand for inspections. • One concern is the County does not want to increase staffing levels just to address a temporary bubble due to Hurricane Irma repairs. • Staff will be scheduling workshops for “acceptance process” training which will be tested on a couple of clients initially before being offered to other parties. March 7, 2018 4 The Committee requested Mr. McLean notify the Fire Review Staff to ensure they attend pre application meetings as necessary to provide input “up front” on any of their requirements. VII. New Business A. LDC Amendments update [Jeremy Frantz] Mr. Frantz reported: • The current cycle of Land Development Code Amendments is ongoing and the proposed revisions have been reviewed by the Collier County Planning Commission (CCPC) and continue to be heard by the Board of County Commissioners. • The requirement for the Board of County Commissioners to approve Insubstantial Changes to a Site Development Plan previously has been negated based on information received from the Clerk of Courts office. • The off-site preserve amendment will be reviewed by the BCC in April who will provide input based on incorporating the CCPC applicability for off-site preserves and the Conservation Collier Land Acquisition Advisory Committee’s recommendation on off-site donations and the land management endowment. B. Review proposed Pollution Control ordinance [Danette Kinaszczuk] Ms. Kinaszczuk provided the Executive Summary “Recommendation to advertise a public hearing to consider the adoption of a new ordinance to be called the Pollution Control and Prevention Ordinance, consolidating, repealing and replacing Ordinance No. 87-79, regarding the Transportation and Disposal of Sludge and repealing Resolution No. 88-311 regarding fees for sludge transportation and disposal permits. This proposed ordinance will be in addition to Ordinance No. 89-20, the existing Collier County Water Pollution Control Ordinance” for consideration. She noted the County is updating the 30-year old Ordinance to address impaired waters, drinking water protection and to incorporate enforcement mechanisms into the policies. The following was noted during Committee discussions: • The fiscal impacts listed in the Executive Summary address public costs and consideration should be given to identifying the costs to private individuals or sectors of business. • The current millage rate dedicated to the program is 0.25 and the Division has an operating budget of $3M annually which is utilized for water testing and monitoring, investigations, public outreach, etc. There are additional funds held in reserve accounts. • Article V, Section 1.C – The Ordinance requires a maintenance agreement for private sewage collection and transmission systems which should be clarified whether or not individual private septic systems are subject to the requirements. • Article V, Section 1.B - Staff should review any applicable sections to determine the enforcement intended in the policies, i.e. private lift stations are to be locked and fenced and numerous facilities throughout the County are not fenced in. • Section III.3.4 – Consideration may want to be given to adding requirements for gray water discharges. • Article VI. – Consideration should be given to developing standards and compliance criteria for the water quality evaluation and monitoring activities. • Concern the Ordinance as proposed may not be equitable if it penalizes parties previously complying with rules at the time of development and forcing them to make costly improvements to address a policy. • Staff should review the County’s Fertilizer Ordinance to ensure there are no conflicts between the two Ordinances. March 7, 2018 5 Ms. Kinaszczuk reported she would review the comments and return with any changes as necessary at the next DSAC meeting so the Committee may provide a recommendation on the proposed Ordinance (should they so desire). The Committee requested Staff submit the revised Ordinance to Mr. Blair, Mr. Mitchell or any other interested Member prior to the meeting so they may review the document and prepare comments in advance of the meeting. VIII. Old Business None IX. Committee Member Comments Mr. Schiffer recommended the Committee initiate review of the Landscape requirements in the County given the recent activity at Pelican Bay Marketplace where the owner was allowed to remove numerous mature oak trees and replace them with vegetation approved under current landscape standards. Mr. Curl reported he was the Landscape Architect on the project and the removal of the trees was due to security, safety and liability concerns (i.e. improper parking lot lighting due the size of the trees, etc.). He acknowledged the policies need to reviewed as some vegetation approved may have unintended consequences as trees mature they may drop large quantities of leaves and clog storm water drains, etc. X. Adjourn Next Meeting Dates April 4, 2018 GMD conference Room 610 – 3:00 pm May 2, 2018 GMD conference Room 610 – 3:00 pm June 6, 2018 GMD conference Room 610 – 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:40 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ________________, as presented _______, or as amended ________. This report reflects monthly data from: February 22 thru March 21, 2018 Code Enforcement Division Monthly Report February 22, 2018 – March 21, 2018 Highlights • Cases opened: 743 • Cases closed due to voluntary compliance: 369 • Property inspections: 2519 • Lien searches requested: 1078 Trends 0 100 200 300 400 500 600 700 800 900 864 736 765 653 701 462 542 576 610 418 803 743 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 3500 3140 2611 2956 2794 2907 1804 2405 2237 2509 1488 2790 2519 Code Inspections per Month This report reflects monthly data from: February 22 thru March 21, 2018 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 2017 2018 3012 542 4647 1422 Origin of Case Code Div. Initiated Cases Complaint Initiated Cases This report reflects monthly data from: February 22 thru March 21, 2018 February 22, 2018 – March 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 2%Land Use 12% Noise 2% Nuisance Abatement 20% Occupational Licensing 1% Parking Enforcement 2%Property Maintenance 17% Right of Way 2% Signs 5% Site Development 8% Vehicles 22% Vegetation Requirements 2% This report reflects monthly data from: February 22 thru March 21, 2018 January 22, 2018 – February 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 1%Accessory Use 3% Land Use 13% Noise 2% Nuisance Abatement 22% Occupational Licensing 1%Parking Enforcement 3% Property Maintenance 13% Right of Way 4% Signs 3% Site Development 8% Vehicles 20% Vegetation Requirements 3% This report reflects monthly data from: February 22 thru March 21, 2018 January 1, 2018 – January 21, 2018 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Animals 2%Accessory Use 2% Land Use 14% Noise 2% Nuisance Abatement 19% Occupational Licensing 2% Parking Enforcement 2% Property Maintenance 16% Right of Way 5% Signs 7% Site Development 8% Vehicles 16% Vegetation Requirements 2% DIVISION 2. - STANDARDS FOR THE CREATION AND REVIEW OF BOARDS[13] Footnotes: --- (13) --- Editor's note— Ord. No. 01-55, §§ 1—9, adopted Oct. 23, 2001, did not specifically amend this Code. Hence inclusion of said ordinance provisions as §§ 2-826—2-834 was at the discretion of the editor to read as herein set out. See the Code Comparative Table. Sec. 2-826. - Policy declaration. it is hereby declared to be the policy of the Board of County Commissioners to promote economy, efficiency and improve service in the transaction of the public business by county boards. Nothing in this division shall be construed to prohibit or restrict the county commission from amending or abolishing, at any time, any board currently in existence or thereinafter created. (Ord. No. 01-55, § 1, 10-23-01) Sec. 2-827. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: The term "board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term "commission" is defined as the Board of County Commissioners of Collier County, Florida. (Ord. No. 01-55, § 2, 10-23-01) Sec. 2-828. - Creation of new boards. (a) All boards created after the effective date of this division shall be created by ordinance only, except for ad-hoc or task force committees. Such ordinance shall set forth the board's purpose; functions; powers; responsibilities; jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the board; and the specific staff support 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 the adoption of said ordinance, the county manager shall submit to the commission a report setting forth 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, either public or private, already in existence, could serve, or is serving the same purpose. (3) The costs, both direct and indirect, of establishing 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) Whether the board should have bonding authority. (6) Whether creation of a new board is the best method to achieve the benefit desired. (Ord. No. 01-55, § 3, 10-23-01) Sec. 2-829. - Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee for a specific project. The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee upon completion of the project. (Ord. No. 01-55, § 4, 10-23-01; Ord. No. 2015-41, § 1) Sec. 2-830. - Qualifications and requirements for membership on boards. (a) All members of county boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all board members should have demonstrated an interest in the activity or service, which is the purpose of the board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. (b) 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 2-831, herein. (c) The commission's primary consideration in appointing board members shall be to provide the board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the board's purpose. Categories of expertise referenced by county board's ordinances as qualifications for board membership are considered to be primarily directory and not mandatory. (d) No member of any county board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such board member/candidate is running unopposed for a non-remunerative elective position or an elective position receiving nominal remuneration, such as the Mosquito Control District Board or a fire district board. Should any county board member compete for an elective non-remunerative political office or a nominally-remunerative political office on the date applications for candidacy expire, such candidacy shall be deemed a tender of resignation from such board and the board shall immediately advise the commission in writing of said resignation. No board member shall be required to resign or deemed to have tendered his or her resignation unless such candidacy is being opposed. The commission shall deem the position vacant upon receipt of written notice of said resignation. The board member shall not serve at any meetings after his or her position becomes vacant pursuant to this ordinance. This provision shall not apply to candidates who currently serve in elected positions and who are seeking re- election. (e) The commencement of a legal challenge by a board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such board. The county board member's position shall automatically be considered vacant and the commission shall promptly fill same pursuant to the provisions of section 2-831, herein. (f) No member of any county board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the county logo or in any way representing such board member as a representative of Collier County or as a county board member. The county manager or his or her designee may, upon request and prior approval in writing, authorize the county board members to obtain a county photo identification card identifying such members as a county advisory board member. (Ord. No. 01-55, § 5, 10-23-01; Ord. No. 2006-39, § 1; Ord. No. 07-58, § 1; Ord. No. 2009-16, § 1) Sec. 2-831. - 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 the county government center. (b) Prior to making appointments to boards, staff shall provide the commission with a list outlining the qualifications and demographic background 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. (Ord. No. 01-55, § 6, 10-23-01) Sec. 2-832. - Term of office. (a) Terms of office shall be staggered. (b) All members of boards created by the commission shall serve at the pleasure of the commission and may automatically be removed by a majority vote of the quorum of the commission. (Ord. No. 01-55, § 7, 10-23-01; Ord. No. 2009-16, § 2) Sec. 2-833. - Attendance requirement. It is the intent and strong desire of the commission that there be full attendance of advisory board members at all meetings of the boards, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at board meetings is encouraged and necessary for the proper operation of the boards and in furtherance thereof the following requirements are established: (1) Any board member who is absent for more than one-half of the board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such board. The commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board members shall not serve at any meetings after his or her position is declared vacant by the commission. (2) In the event that any board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the board chairperson, the board chairperson shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the executive manager to the commission of the board member's failure to attend without a satisfactory excuse. The commission shall review the board chairperson's notification at the commission meeting and shall declare the board member's position to be vacant if the commission concurs that the board member was absent from two consecutive board meetings without a satisfactory excuse, and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board member shall not serve at any meetings after his or her position is declared vacant. (3) A member of a board shall be deemed absent from a meeting when he or she is not present during at least 75 percent of the meeting. (Ord. No. 01-55, § 8, 10-23-01) Sec. 2-834. - Reserved. Editor's note— Ord. No. 2009-16, § 3, adopted Apr. 14, 2009, repealed § 2-834, which pertained to review of boards and derived from Ord. No. 01-55, § 9, adopted Oct. 23, 2001. Secs. 2-835—2-845. - Reserved. DIVISION 12. - DEVELOPMENT SERVICES ADVISORY COMMITTEE[22] Footnotes: --- (22) --- Cross reference— Buildings and building regulations, ch. 22; development services department, § 22- 30; manufactured homes and trailers, ch. 86; planning, ch. 106. Land development code reference— Development services department, div. 5.10. Sec. 2-1031. - Created. The county development services advisory committee is hereby created to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the community development and environmental services division and to serve as a primary communication link between the community development and environmental services division, the development industry and the citizens of the county. (Ord. No. 93-76, § 1; Ord. No. 95-60, § 1, 11-7-95) Sec. 2-1032. - Appointment and composition. (a) The development services advisory committee shall be composed of 15 members. (b) Members shall represent the various aspects of the development industry with one or more members from each of the following classifications: architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. In the event that members cannot be secured filling all the classifications listed above, other individuals may be considered. (c) Members of the committee shall serve at the pleasure of the Board of County Commissioners and shall be permanent residents and electors of the county. (d) Appointment of members to the committee shall be by resolution of the Board of County Commissioners and such resolution shall set forth the date of appointment and the term of office of each member. (Ord. No. 93-76, § 2; Ord. No. 95-60, § 2, 11-7-95) Sec. 2-1033. - Terms of office. (a) The initial terms of office of the development services advisory committee members shall be as follows: (1) Six members to serve for two years. (2) Five members to serve for three years. (3) Four members to serve for four years. (b) Thereafter, each appointment or reappointment shall be for a term of four years. Terms of office shall be limited to two consecutive terms of service. Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office. (Ord. No. 93-76, § 3; Ord. No. 95-60, § 3, 11-7-95) Sec. 2-1034. - Removal from office; failure to attend meetings. (a) Any member of the development services advisory committee may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. (b) In the event that any committee member is absent from two consecutive committee meetings without a satisfactory excuse acceptable to the committee chairman, the committee chairman shall state such fact at the next regularly scheduled committee meeting and shall thereafter notify, in writing, the community development and environmental services administrator or his designee of the committee member's failure to attend without satisfactory excuse. The Board of County Commissioners shall review the committee chairman's notification at a board meeting and shall declare the committee member's position to be vacant if the commission concurs that the committee member was absent from two consecutive committee meetings without a satisfactory excuse and shall promptly fill the vacant position. The committee member shall not serve at any meetings after his position is declared vacant. (c) If any member of the committee is absent for more than one-half of the committee's meetings in a given fiscal year, it shall be deemed that the member has tendered his resignation from such committee. The Board of County Commissioners shall as soon as practicable after such resignation, declare the position to be vacant and shall promptly act to fill the vacancy. The committee member shall not serve at any meetings after his position has been declared vacant by the Board of County Commissioners. (d) A member of the committee shall be deemed absent from a meeting when he is not present during at least 75 percent of the meeting. (Ord. No. 93-76, § 4; Ord. No. 95-60, § 4, 11-7-95) Sec. 2-1035. - Officers; quorum; rules of procedure. (a) Annually the membership of the development services advisory committee shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year with eligibility for reelection. (b) The presence of eight or more members shall constitute a quorum. A majority vote of those members present is 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. (d) Clerical and reasonable staff support shall be provided by the county community development and environmental services division. (Ord. No. 93-76, § 5; Ord. No. 95-60, § 5, 11-7-95) Sec. 2-1036. - Reimbursement of expenses. Members of the development services advisory 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. (Ord. No. 93-76, § 6; Ord. No. 95-60, § 6, 11-7-95) Sec. 2-1037. - Functions, powers and duties. The functions, powers and duties of the development services advisory committee shall be as follows: (1) To serve as a primary communication link between the community development services division and the development industry, which includes environmentalists, designers, developers and contractors involved in both site work and building construction. (2) To make recommendations as to rules and procedures to enhance the operational efficiency and budgetary accountability which may include plan review, permit issuance, inspections, code enforcement, contractor licensing, facility improvements and building and development related fees. (3) To identify concerns of the development industry and present them at regularly scheduled advisory committee meetings. (4) To provide input to staff regarding the creation of new rules, processes and procedures associated with the development industry. (5) To increase the awareness of adopted building and development standards by promoting development industry educational programs. (6) To prepare and recommend to the Board of County Commissioners technical and administrative programs designed to enhance the proficiency and customer services of the community development and environmental services division. (7) To develop an advisory committee monitoring program of the key review activities of the division for the purpose of providing continuing feedback on both the quality and quantity of services rendered by the division. (8) To design a technical review/customer service evaluation form for response by users of the community development services division. (9) To submit an annual report to the county administrator and the Board of County Commissioners which shall summarize findings and issues during the report year and the status of their resolution. (10) To review proposed ordinances and codes that may affect the community development and environmental services division prior to their submittal to the Board of County Commissioners for approval. (11) To perform or assist with any other function or duty as requested by the county administrator or the Board of County Commissioners. (12) To adopt and amend guidelines to govern their meetings and operations, subject to the approval of the Board of Count y Commissioners. (13) The committee meetings shall be open to the public. (Ord. No. 93-76, § 7; Ord. No. 95-60, § 7, 11-7-95) Sec. 2-1038. - Duties of community development and environmental services division administrator or his designee. The duties of the community development services division administrator or his designee shall be: (1) To administer the activities of the county development services advisory committee in accordance with established policies and guidelines of the Board of County Commissioners. (2) To provide technical information, county operational procedures and support relative to the community development activities of the community development and environmental services division. (3) To assure that all reports, studies, plans, etc., are forwarded to the county administrator and the Board of County Commissioners for their review. (4) To attend, or have his designee attend, all county development services advisory committee meetings. (Ord. No. 93-76, § 8; Ord. No. 95-60, § 8, 11-7-95) Sec. 2-1039. - Review process. This committee shall be reviewed once every four years commencing in 1997, in accordance with the procedures contained in division 2 of this article. (Ord. No. 93-76, § 9; Ord. No. 95-60, § 9, 11-7-95) Secs. 2-1040—2-1050. - Reserved. ARTICLE X. - COLLIER COUNTY ETHICS[28] Footnotes: --- (28) --- Editor's note— Ord. No. 2004-05, §§ 1—10, amended Art. X, §§ 2-2051—2-2060, in its entirety. Formerly, said article pertained to similar subject matter as enacted by Ord. No. 2003-53. Sec. 2-2051. - Title and citation. This Article shall be known and cited as the "Collier County Ethics Ordinance". (Ord. No. 03-53, § 1, 9-23-03; Ord. No. 04-05, § 1) Sec. 2-2052. - Scope. This Article shall apply to all public servants of the Collier County Board of County Commissioners, which includes public officials, whether elected or appointed, and all County employees. (Ord. No. 03-53, § 2, 9-23-03; Ord. No. 04-05, § 2) Sec. 2-2053. - Statement of policy. It is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contributes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual covered by this article shall: (1) not use his or her position as a public servant for unlawful gain or enrichment; (2) avoid conduct that gives the appearance of impropriety in the performance of his or her public duties; and (3) not accept any items of value if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Article. (Ord. No. 03-53, § 3, 9-23-03; Ord. No. 04-05, § 3) Sec. 2-2054. - Findings. (a) The report submitted to the Collier County Board of County Commissioners ("board") on September 15, 1998, by the Ad Hoc Ethics Standards Review Committee ("committee"), recommended the adoption of a local ethics code. (b) The board finds that the legislative intent and declaration of policies set forth in F.S. § 112.311, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the board also finds, based on the committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county employment restrictions in order to promote and protect the public trust in its local government. (c) F.S. § 112.326, authorizes the board to impose more stringent standards of conduct and disclosure requirements, beyond those specified in F.S. ch. 112, pt. III, upon its own officers and employees provided that said standards of conduct and disclosure requirements do not otherwise conflict with F.S. ch. 112, pt. III. (d) F.S. § 125.69(1), provides, in pertinent part, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. The board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this article is through local enforcement thereof. (e) F.S. § 112.313(13), authorizes the board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. (f) The board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process and to better inform the citizens of efforts to influence legislative branch action, the board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the board or actions of any of the county's quasi-judicial boards. (g) F.S. § 112.3148(2)(b), authorizes the board to establish a local registration process for lobbyists. The board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in F.S. § 112.3148. (h) The board finds that more stringent requirements are needed with regard to the value of gifts that may be provided by lobbyists to public officers and employees beyond the standards set forth in F.S. § 112.3148. Specifically, the board finds that a zero gift limit, rather than $100.00 as set forth by F.S. § 112.3148, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from anyone that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The board further finds that prohibitions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by county human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this article and F.S. ch. 112, pt. III. (k) Nothing in this article shall be construed to chill, restrict or prohibit the free exercise of any citizen's constitutional rights, including, but not limited to, the right to petition his or her county government or exercise his or her rights of free speech. (Ord. No. 03-53, § 4, 9-23-03; Ord. No. 04-05, § 4) Sec. 2-2055. - Definitions. For the purposes of this Ordinance, the definitions contained in F.S. ch. 112, pt. III, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Advisory Board Public Vehicle Advisory Committee Utility Authority County Employee shall mean any employee of Collier County, regardless of whether the employee is ultimately supervised by the Board of County Commissioners, the County Manager, the County Attorney, the Airport Authority or the Executive Director of the Airport Authority. County Managerial Employee shall mean the County Manager, Assistant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are procurement employees and those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Gift shall have the definition contained in F.S. ch. 112, pt. III, with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: a. Salary, benefits, services, fees, commissions, gifts, or expenses associated solely with the donee's non-county employment, business, or service as an employee, official or director of a corporation or organization. However, for purposes of this exemption from the definition of "gift" in this Ordinance, public servants may only engage in such non-county employment or economic activity if: (1) such non-county employment or economic activity does not create a conflict of interest as defined by F.S. § 112.312(8), i.e., a situation in which regard for a private interest tends to lead to disregard of a public duty or interest; and (2) all applicable county administrative procedures governing such non- county employment or economic activity are followed. b. Contributions or expenditures reported pursuant to F.S. ch. 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. c. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Furthermore, no public servant shall participate in permitting or inspection decisions if that employee has received a gift from the permit or inspection applicant/potential recipient or the applicant/potential recipient's principal, including gifts from relatives. d. Food or beverage accepted when: (i) offered free in the course of a professional or civic meeting or group function at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said meal as provided in F.S. ch. 112. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). e. Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities that are not currently in a contractual relationship or reasonably likely to seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. f. Gifts given for participation in a program, seminar, or educational conference when such gifts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants in the program. g. An award, plaque, certificate, or similar personalized item of nominal commercial value given in recognition of the donee's public, civic, charitable, or professional service. h. A rate or terms on a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which are available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. i. Food or beverage items when offered as a customary courtesy to all attendees at any business meeting or business activity at which attendance by the public servant(s) in question is required or appropriate for purposes of performing county job duties or county responsibilities, provided that such food or beverage items would have a reasonably estimated value of no more than $4.00 to any member of the consuming public. By way of example, such food and beverage items may include a cup of coffee, a soda, bottled water, cookies or donuts. j. A rate offered to Commissioners at an event serving a valid public purpose, which rate is less than that offered the general public, that represents the actual cost of the event (such as food, beverage and entertainment) to the sponsor, but that does not include the charitable donation otherwise included in the total cost to attend the event. Commissioners may contact the event sponsor to seek this rate. Lobbying shall mean, for compensation: influencing or attempting to influence legislative or quasi- judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County Advisory Board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (3) A person who registers with the Board as a lobbyist pursuant to this Ordinance. (4) Attorneys representing clients in quasi-judicial matters are not considered lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicial branch. However, attorneys representing clients or interests in legislative matters, for compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. Nominal commercial value means anything with a value of less than $50.00 in the marketplace. Principal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist. Procurement employee means any county employee who actively participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities. Public official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public servant includes all public officials and all county employees, as defined in this Ordinance. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step-grandparent, step-grandchild, half-brother, and half-sister. Reporting individual means any public servant, who is required by law, pursuant to Article II, Section 8 of the State Constitution or F.S. § 112.3145, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. (Ord. No. 03-53, § 5, 9-23-03; Ord. No. 04-05, § 5; Ord. No. 2011-15, § 1; Ord. No. 2013-39, § 1; Ord. No 2017-03, § 1) Sec. 2-2056. - Standards of conduct. (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. Furthermore, no public servant shall participate in permitting or inspection decisions if that employee has received a gift from the permit or inspection applicant/potential recipient or the applicant/potential recipient's principal, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in F.S. § 112.3148: (1) A reporting individual or procurement employee or any other person on his or her behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in F.S. § 106.011, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in F.S. § 106.011; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (3) The prohibitions set forth in this Section 2-2056 at subsections (c)(1) and (c)(2) above, are not intended to and shall not prevent a reporting individual or procurement employee who is a declared candidate for elective public office from accepting campaign contributions to the extent allowed by state or federal law. (d) The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified F.S. § 112.3148: (1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of monetary value, from anyone who the public official knows or reasonably should know: a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non-performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This subsection is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a gift to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this paragraph prohibit public servants from participating in fundraising activities for charitable purposes. (h) This section does not apply to items of value excepted out of the definition for a gift. (Ord. No. 03-53, § 6, 9-23-03; Ord. No. 04-05, § 6; Ord. No. 2013-39, § 2; Ord. No. 2017-03, § 2) Sec. 2-2057. - Lobbyist registration and disclosure requirements. (a) All lobbyists shall before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall register quarterly on a calendar year basis on forms prepared by the clerk; pay an annual nonrefundable registration fee of $25.00; and state under oath or by written declaration in accordance with F.S. § 92.525, his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant to lobby, as of the date of said registration. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. In the event that the registrant neither withdraws nor re-registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expiration of the quarterly registration. (b) Quarterly registration shall be required and shall initially commence on April 2, 2007. Thereafter, quarterly registration shall occur every three months. Quarterly registration is required regardless of whether there is any change in employers of the lobbyist. The lobbyist may indicate "no change" if appropriate. Initial registration by a lobbyist may occur at any time during the calendar year provided that it occurs prior to the lobbyist engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from the list and a "lobbyist status unknown" list. (f) A registration form that is not renewed within 20 calendar days of the end of each quarter of the calendar year, shall expire and may not thereafter be relied upon by the lobbyist for lobbying activities. In such a case, the lobbyist must renew his or her registration and pay the nonrefundable annual fee in order to continue engaging in lobbying activities. (g) The validity of any action or determination of the board or of any county personnel, board or committee, shall not be affected by failure of any lobbyist to comply with the provisions of this section. (h) All lobbyists shall disclose and make known the name or identity of the principal(s) by whom they are employed whenever they engage in lobbying activities as such activities are defined in this section. (Ord. No. 03-53, § 7, 9-23-03; Ord. No. 04-05, § 7; Ord. No. 2007-24, § 1) Sec. 2-2058. - Post-employment restrictions. (a) No county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining. (b) For a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. (Ord. No. 03-53, § 8, 9-23-03; Ord. No. 04-05, § 8) Sec. 2-2059. - Supplemental provisions. This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of F.S. ch. 112, pt. III, entitled "Code of Ethics for Public Officers and Employees". This Ordinance shall not be construed to authorize or permit any conduct or activity that is in violation of F.S. ch. 112, pt. III. In the event of a conflict between the provisions of this article and F.S. ch. 112, pt. III, the more restrictive/stringent provisions shall apply. (Ord. No. 03-53, § 9, 9-23-03; Ord. No. 04-05, § 9; Ord. No. 2013-39, § 3; Ord. No. 2017-03, § 3) Sec. 2-2060. - Penalties. Pursuant to F.S. § 125.69, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed 60 days or by both such fine and imprisonment. (Ord. No. 03-53, § 10, 9-23-03; Ord. No. 04-05, § 10) 153715203395999774033140139122850335 53751202468101214020406080100120140160Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18RequestsDaysResponse Time - Letters of AvailabilityMinimumAverageMaximumRequests Received 7612111132712781013381121132513110510152025300510152025Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18RequestsDaysResponse Time - Utility DeviationsReceived - SIRE EnteredSIRE Entered - ActionRequests Received 38.72.024.341.028.818.390.00.8 2.019.711.210.028.04.37.02.7 4.5 1.35 5 511 1112024681012140102030405060708090100Sep-17 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18RequestsDaysResponse Time - FDEP PermitsInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received