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Agenda 11/08/2011 Item #16K2November 8, 2011 BCC Agenda Changes Page 3 Continue Item 16G1 to the December 13 2011 BCC Meeting: Recommendation to approve and ratify Staffs authorization of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA Work Order #4500116917 in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. (Staffs request) Continue Item 16G2 to the December 13 2011 BCC Meeting: Recommendation to approve and ratify Staffs authorization of Change Order #2 to Passarella and Associates, Inc. Work Order #4500116918 for a time extension in order to process invoices for Phase II environmental permitting work at the Immokalee Regional Airport. (Staffs request) Move Item 16K2 to Item 11A: Recommendation to appoint Commissioner Coyle to serve on the Collier County Canvassing Board. (Commissioner Hiller's request) Time Certain Items: Item 13132 to be heard at 11:00 a.m. Item 9E to be heard at 11:30 a.m. Note: Item 16D19: Address referenced in first paragraph of the Extension Agreement should read: 2500 Tamiami Trail North, Suite 212, Naples FL 34103. 11/8/20118:59 AM 11/8/2011 Item 16.x.2. EXECUTIVE SUAUHARY Recommendation to Appoint Commissioner Coyle to nerve on the Collier County Canvassing Board, QBJEKZTV : To appoint Commissioner Coyle to serve on the Collier County Canvassing Board for the 2012 Election. CONSIDERATION: Florida Statutes 102.141 provides, in relevant part, as follows: (1) The county canvassing board shall be composed of the supervisor 'of elections; a county court judge, who shall act as chair; and the ehair_of the board of County conwdssianers. In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shall be replaced as follows: - -(c) If the chair of the board of, county commissioners is unable to serve or is disqualified, the board of county commissioners shall appoint as a substitute member one of its members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. (d) If a substitute member cannot be appointed as provided elsewhere in this subsection, the chief judge,of the judicial circuit in which the county is located shall appoint as a substitute member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. (emphasis added) The first paragraph sets forth the required composition of the canvassing board, which includes the chair of the board of county commissioners. Subsections (1)(c) and (d) state the procedure in selecting a replacement member to the canvassing board in the event that the county commission's chairman is unable to serve. It is important to appoint the Board of Commissioner's representative to the Canvassing Board now because the Florida State. Association of Supervisors of Elections provides a Canvassing Board Workshop prior to the commencement of each election cycle to help prepare Canvassing Board Members as to changes in election laws and to educate them as to their role in the election process. The Canvassing Board Workshop this year is - scheduled for December 9, 2011, in Orlando, Florida Additionally, the 2012 Elections cycle begins early—the Supervisor of Elections actually starts notifying overseas voters of the upcoming elections on November 2, 2011. Although the Canvassing Board could meet earlier if the need arose, its first official meeting occurs on January 11, 2011, to conduct a logic and accuracy test on the voting equipment. Packet page -1495- 11/8/2011 Item 16.K.2. Finally as a reminder to the Board, the Florida Division of Elections has defined the circumstance by which a commissioner is disqualified to serve on a canvassing board by becoming an "active participant" in the campaign or candidacy of any candidate who has opposition in the election being canvassed. To be an "active participant," one undertakes an action intentionally to demonstrate or generate public support in favor of a candidate. Merely making a campaign contribution may not be sufficient, in itself, to become an "active participant." Rather, an active participant would include activities such as: "being a member of an election or re- election committee for a candidate; public endorsement with or without financial support of a candidate; holding campaign signs, wearing a campaign tee -shirt, or other public display of support for a candidate; signing an endorsement card for a candidate; attending a candidate's campaign fundraiser; or chairing or co- chairing an ongoing election campaign or fundraiser for a candidate." See DE -09 -07 (October 15, 2009). FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney, is legally, sufficient, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners select Commissioner Coyle to serve as its representative on the Collier County Canvassing Board. Prepared by: Scott R. Teach, Deputy County Attorney and Jeffrey A. Klatzkow, County Attorney 2 Packet Page -1496- 11/8/2011 Item 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2. Item Summary: Recommendation to appoint Commissioner Coyle to serve on Collier County Canvassing Board. Meeting Date: 11/8/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 10/26/20112:43:37 PM Approved By Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 10/27/2011 5:36:03 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/27/20118:52:58 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 10/27/2011 10:37:47 AM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 10/28/20112:00:18 PM Packet Page -1497-