ISCOC Agenda 02/06/2019COLLIER COUNTY
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE
Agenda
February 6, 2019
9:00 AM
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL. 34112
Jacob Winge – District 1
Stephen Osborne – District 2
Ronald A. Kezeske – District 3
Justin Land – District 4
Beth Rozansky – District 5
Scott J. Lepore – At-Large
Juliana Meek – At Large
Jamie Andersen - Alternate
James W. DeLony - Alternate
All interested parties are invited to attend, and to register to speak and to submit their
objections, if any, in writing, to the Committee prior to the meeting if applicable. For
more information, please contact Heather Cartwright-Yilmaz at (239) 252-8366. If you
are a person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Collier County Facilities Management Department
located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for
additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall,
before engaging in any lobbying activities (including, but not limited to, addressing the
Board of County Commissioners before the Board of County Commissioners and its
advisory boards, register with the Clerk to the Board at the Board Minutes and Records
Department.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL BY LIAISON
4. APPROVAL OF THE AGENDA
5. APPROVAL OF MINUTES FROM PREVIOUS MEETING
6. PUBLIC COMMENT
7. NEW BUSINESS
A. Election of Committee Chair and Vice Chair
B. Adoption of Rules of Procedure
C. Review of Committee Responsibilities and Mission
D. Review of Sunshine Law Procedures
E. Development of Future Meeting Schedule
8. PROJECTS
A. TRANSPORTATION
B. FACILITIES & CAPITAL REPLACEMENTS
1. To validate the proposed expenditures for the design, CEI, and the construction for the
Big Corkscrew Island Regional Park.
C. COMMUNITY PRIORITIES
9. OLD BUSINESS
10. ANNOUNCEMENTS
11. COMMITTEE MEMBER DISCUSSION
12. NEXT MEETING DATE
13. ADJOURNMENT
02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 7.A
Item Summary: Election of Committee Chair and Vice Chair
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:24 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2019 4:24 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 02/04/2019 4:49 PM
County Manager's Office Michael Cox Additional Reviewer Skipped 02/05/2019 8:38 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/05/2019 8:38 AM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 12:58 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
7.A
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02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 7.B
Item Summary: Adoption of Rules of Procedure
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:25 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2019 4:25 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 02/04/2019 4:32 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/04/2019 4:41 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/04/2019 4:43 PM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 12:59 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
7.B
Packet Pg. 4
COLLIER COUNTY
Infrastructure Surtax Citizen Oversight Committee
PROPOSED PROCEDURES FOR COMMITTEE
February 6, 2019
A. General:
1. Meetings. Regular meetings of the advisory board shall be held on such
day, time and place as may be determined by the advisory board, meet
monthly, or as needed, to oversee the Surtax Plan.
2. Quorum and Voting. At all regular or special meetings of the advisory
board, a ½ majority of the membership of the advisory board shall
constitute a quorum. Voting shall be by voice unless a member of the
advisory board requests a roll call. The roll shall be in alphabetical order
with the first name called rotating with each motion upon which the vote
is called. The Chairman shall always vote last. A record of the roll call
shall be kept as part of the minutes.
3. Special Meetings. Special meetings may be called by the Chairman at
any time provided adequate notice is given pursuant to Paragraph 4 below.
The Chairman may also call a special meeting when requested to do so in
writing by a majority of the members of the advisory board or by a County
staff member. The notice of such a meeting shall specify the purpose of
such a meeting and no other business may be considered except by
unanimous consent of the advisory board. All members of the advisory
board shall be notified in advance of such special meetings by the staff
liaison.
4. Notice and Publication. The staff liaison shall give notice and keep record
of such notice of its meetings and the meeting of the subcommittees
including the date, time, and location of each regular and special meeting.
Notice shall be posted in the county administration building and other
appropriate locations as recommended by the advisory board and to the
County Public Information Department for further distribution.
5. Open Meetings. All meetings of the advisory board or its subcommittees
shall be open to the public and governed by the provisions of Florida's
Government in the Sunshine Law.
6. Minutes. The minutes of all meetings shall be promptly recorded, and
such records shall be open to public inspection, in accordance with
applicable law.
7.B.1
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2
7. Location. Meetings of the advisory board, or any of its subcommittees,
shall be held in a location accessible to the public.
8. Meeting Agenda. There shall be an agenda for each meeting of the
advisory board which shall determine the order of business conducted.
The board shall not take action on any matter, proposal, report or item of
business not listed upon the official agenda unless a majority of the board
present consents. Any advisory board member, in the case of an advisory
board or a subcommittee member in the case of a subcommittee, may
place an item on the agenda by submitting it to the Chairman for
forwarding to the staff liaison prior to the deadline for publishing the
notice of such meeting. The Chairman shall determine whether the item
submitted by the board member is relevant to the purposes of the advisory
board. Upon his/her finding that the item is relevant, it shall be included
in the agenda. Staff-initiated agenda items are not subject to prior review
by the Chairman.
9. Order of Business. The order of business at regular meetings shall be:
(a) Call to Order
(b) Pledge of Allegiance
(b) Roll Call
(c) Adoption of the Agenda
(d) Adoption of Minutes from Previous Meeting
(e) New Business
(f) Projects
(g) Old Business
(h) Announcements
(i) Public Comment
(j) Committee Member Discussion
(k) Next Meeting Time, Date and Location
(l) Adjournment
B. Agenda Items Requiring Action (Old Business and New Business):
1. General. All members of the public who address the board shall utilize the
speaker's podium to allow their comments to be recorded, and shall
identify themselves by name and local addresses, if applicable. Further,
any speaker speaking on behalf of an organization or group of individuals
(exceeding five) shall indicate such and shall cite the source of such
authority whether by request, petition, vote, or otherwise.
2. Speaker Registration. Persons, other than staff wishing to speak on an
agenda item shall, prior to the item being heard, register with the staff
liaison on the forms provided. Five (5) or more persons deemed by the
board to be associated together or otherwise represent a common point of
view, as proponents or opponents on any item may be requested to select a
7.B.1
Packet Pg. 6 Attachment: Advisory Committee Procedures ISCOC February 6, 2019 (7950 : Adoption of Rules of Procedure)
3
spokesperson. All persons may speak for a maximum of five (3) minutes
each.
3. Restrictions on Comments Deemed Not Germane to the Item.
Notwithstanding any provisions herein, any board member may interrupt
and/or stop any presentation that discusses matters that need not be
considered in deciding the matter then before the board for consideration.
At any board proceeding, the Chairman, unless overruled by majority of
the board members present, may restrict or terminate presentations which
in the Chairman's judgment are frivolous, unduly repetitive or out of order.
C. Order and Subject of Appearance: To the extent possible, the following shall be
the order of the proceeding:
1. Preliminary Statement. The Chairman shall read the title of the agenda
item.
2. Initial Presentation by Staff. County staff shall make the initial
presentation to the board regarding any item under consideration. After
completion of the staff presentation, the board may make inquiries of staff
at this time.
3. Initial Presentation by Petitioner or Proposer. Petitioner or Proposer shall
make the initial presentation to the board regarding any item under
consideration. After completion of the presentation by the Petitioner or
Proposer, the board may make inquiries of the Petitioner or Proposer at
this time.
4. Speakers. After board inquiry, speakers shall be allowed to speak based
on the time limitation guidelines outlined in the preceding subsection B
above. During and after a speaker's presentation, the board shall have an
opportunity to comment or ask questions of or seek clarification from such
speaker. The board may also allow staff to comment, ask questions of or
seek clarification from speakers.
5. Restrictions on Testimony or Presentation of Evidence. Notwithstanding
any provisions herein, any board member may interrupt any presentation
that contains matters which need not be considered in deciding the matter
then before the board for consideration. At any board proceeding, the
Chairman, unless overruled by majority of the board members present,
may restrict or terminate presentations which in the Chairman's judgment
are frivolous, unduly repetitive or out of order.
D. Rules of Debate: The following rules of debate shall be observed by the board.
Except as herein provided questions of order and the conduct of business shall be
governed by Robert's Rules of Order.
7.B.1
Packet Pg. 7 Attachment: Advisory Committee Procedures ISCOC February 6, 2019 (7950 : Adoption of Rules of Procedure)
4
1. Motion under consideration. When a motion is presented and seconded, it
is under consideration and no other motion shall be received thereafter,
except to adjourn, to lay on the table, to postpone, or to amend until the
question is decided. These countermotions shall have preference in the
order in which they are mentioned, and the first two shall be decided
without debate. Final action upon a pending motion may be deferred until
the next meeting by majority of the members present.
2. Chairman participation. The presiding chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and
privileges of a board member by reason of being the presiding chairman.
3. Form of address. Each member shall address only the presiding officer for
recognition, shall confine himself to the question under debate, and shall
avoid personalities and indecorous language.
4. Interruption. A member, once recognized, shall not be interrupted except
by the Chairman if the Chairman determines that the member's
participation is irrelevant, frivolous or out of order. Any member may
appeal the decision of the Chairman to the board for decision by majority
vote.
5. The question. Upon the closing of debate, any member may require a roll
call vote. Any member may give a brief statement or file a written
explanation of his vote.
E. Public Comment on General Topics: Members of the public may register to speak
on general topics under the Public Comment portion of the agenda. The number
of speakers permitted to register under public comment on any given agenda shall
be limited to a maximum of five, unless the Chairman recognizes additional
speakers.
1. Speaker Registration. Individuals wishing to speak to the board under
public comment at any regularly scheduled meeting of the board shall
register to speak in writing on the form provided by the County prior to
the public comment portion of the agenda being called by the Chairman.
F Reconsideration: There shall be no reconsideration of items before the board.
G. Conflicts of Interest: Any member having a potential voting conflict shall
publicly state the nature of the conflict at the board meeting and complete Form
8B [Memorandum of Voting Conflict for County, Municipal and Other Local
Public Officers] within 15 days of the scheduled meeting.
____________________
Chairman
7.B.1
Packet Pg. 8 Attachment: Advisory Committee Procedures ISCOC February 6, 2019 (7950 : Adoption of Rules of Procedure)
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
CE FORM 8B - EFF. 1/2000 PAGE 1
LAST NAME—FIRST NAME—MIDDLE NAME
MAILING ADDRESS
CITY COUNTY
DATE ON WHICH VOTE OCCURRED
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
qCITY qCOUNTY qOTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
q ELECTIVE q APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a “relative” includes only the officer’s father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
****************
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
****************
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
•You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
7.B.2
Packet Pg. 9 Attachment: Voting Conflict Form (7950 : Adoption of Rules of Procedure)
CE FORM 8B - EFF. 1/2000 PAGE 2
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,_________________________________________, hereby disclose that on______________________________________, 20_____:
(a) A measure came or will come before my agency which (check one)
___inured to my special private gain or loss;
___inured to the special gain or loss of my business associate,________________________________________________________;
___inured to the special gain or loss of my relative,_________________________________________________________________;
___inured to the special gain or loss of_________________________________________________________________________, by
whom I am retained; or
___inured to the special gain or loss of______________________________________________________________________, which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
__________________________________________________________________________________________________
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
APPOINTED OFFICERS (continued)
•A copy of the form must be provided immediately to the other members of the agency.
•The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
•You must disclose orally the nature of your conflict in the measure before participating.
•You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
7.B.2
Packet Pg. 10 Attachment: Voting Conflict Form (7950 : Adoption of Rules of Procedure)
02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 7.C
Item Summary: Review of Committee Responsibilities and Mission
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:26 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2019 4:26 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 02/04/2019 4:23 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/04/2019 4:32 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/04/2019 4:33 PM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 12:57 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
7.C
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01/08/2019
EXECUTIVE SUMMARY
Recommendation to appoint seven members to the Collier County Infrastructure Surtax Citizen
Oversight Committee.
OBJECTIVE: To appoint seven members to the Collier County Infrastructure Surtax Citizen Oversight
Committee.
CONSIDERATIONS: On April 24, 2018, the Board of County Commissioners enacted Ordinance
2018-21 which, among other things, established the Collier County Infrastructure Surtax Citizen
Oversight Committee contingent upon voter approval of the one-cent sales tax at the November 6, 2018
general election. With the referendum’s approval, the time is ripe to appoint the membership of this
Committee.
The Committee, which serves as an ad hoc advisory and reporting body to the County, is charged by the
Ordinance to review the expenditure of the Surtax proceeds against the ballot referendum approved by the
voters and the Ordinance. The Committee is not empowered to recommend alternative projects, unless
requested by the Board, and will sunset upon final expenditure of all the surtax proceeds. An email to the
applicants which explained the role of this Committee, is included in the back-up materials, together with
a copy of the Ordinance, which fully sets forth the particulars of this Committee.
The Committee is structured to have seven members, with one from each of the five County Districts and
two at-large members. The initial terms for the two at-large seats are for one year and the initial terms for
the District seats are for two years. So that there are no overlaps or gaps in terms, the County Attorney
recommends that the terms expire with the first meeting of the Board of the relevant year, so that the
initial term of the two at-large seats would expire January 14, 2020 and the initial term of the five County
District seats would expire January 12, 2021.
The vacancies were duly advertised and applications were received from the following:
APPLICANT CATEGORY DIST. VOT
ER
BCC ADVISORY BOARD
PARTICIPATION
Jeffrey Lutz District 1 or At-Large 1 Yes None
Edith McFadden District 1 or At-Large 1 Yes None
Jim Miller District 1 or At-Large 1 Yes None
Garry Rothbaum District 1 or At-Large 1 Yes None
Jacob Winge District 1 or At-Large 1 Yes Collier Land Acquisition Advisory,
Growth Management Oversight
Committee
Jamie Anderson District 2 or At-Large 2 Yes None
Robert Aufdenkampe District 2 or At-Large 2 Yes None
Theodore Bill District 2 or At-Large 2 Yes None
Pamela Mohr Falcigno District 2 or At-Large 2 Yes None
Melissa Hedberg District 2 or At-Large 2 Yes None
Charles Marsh District 2 or At-Large 2 Yes None
Stephen Osborne District 2 or At-Large 2 Yes None
Charles Houston Sellon District 2 or At-Large 2 Yes None
Paul John Selvidio District 2 or At-Large 2 Yes None
Michael B. Sokol District 2 or At-Large 2 Yes None
12.A
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Packet Pg. 12 Attachment: CC-Infrastructure Surtax Citizen Oversight Committee Appointment Executive Summary 20190108 (7951 : Review of
01/08/2019
Janet Vasey District 2 or At-Large 2 Yes Emergency Medical Authority,
Public Safety Authority,
Productivity Committee, Revenue
Commission, Ad hoc Budget
Review Committee
Ronald Berke District 3 or At-Large 3 Yes None
Andrew Blitch District 3 or At-Large 3 Yes None
Suzanne J. Chapin District 3 or At-Large 3 Yes Radio Road MSTU
Thomas E. Conrecode District 3 or At-Large 3 Yes Rural Fringe Committee
Ronald A. Kezeske District 3 or At-Large 3 Yes Public Safety Authority, Code
Enforcement Board, Productivity
Committee
Enita Kushi District 3 or At-Large 3 Yes None
Murl Landman District 3 or At-Large 3 Yes None
Douglas Meschko District 3 or At-Large 3 Yes None
Falynne Miller District 3 or At-Large 3 Yes None
Frank Nappo District 3 or At-Large 3 Yes Immokalee CRA
Aaron G. Reiss District 3 or At-Large 3 Yes None
Richard Stomp District 3 or At-Large 3 Yes None
Kelly Werder District 3 or At-Large 3 Yes None
James A. Bonaquist, Jr. District 4 or At-Large 4 Yes None
Richard Brickwedde District 4 or At-Large 4 Yes None
James W. Delony District 4 or At-Large 4 Yes None
Patrick Dudasik District 4 or At-Large 4 Yes None
Justin Land District 4 or At-Large 4 Yes None
Scott J. Lepore District 4 or At-Large 4 Yes None
Larry Neal Magel District 4 or At-Large 4 Yes Government Productivity
Committee, Senior Advisory
Committee, Coastal Advisory
Committee
Juliana Meek District 4 or At-Large 4 Yes None
Denise Murphy District 4 or At-Large 4 Yes Affordable Housing Committee
David B. Navikas District 4 or At-Large 4 Yes None
Charles Nelson Regan District 4 or At-Large 4 Yes None
Sean Nolan District 4 or At-Large 4 Yes None
Thomas Sansbury District 4 or At-Large 4 Yes Collier County Environmental
Advisory Committee
Wayne H. Sherman District 4 or At-Large 4 Yes Citizens Advisory Committee for
the MPO
George Russel Weyer District 4 or At-Large 4 Yes Health Facilities Authority
Teymur Akundov District 5 or At-Large 5 Yes None
Charles Dabney District 5 or At-Large 5 Yes None
William P. Dunstan, Jr. District 5 or At-Large 5 Yes None
12.A
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Packet Pg. 13 Attachment: CC-Infrastructure Surtax Citizen Oversight Committee Appointment Executive Summary 20190108 (7951 : Review of
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Annette Kniola District 5 or At-Large 5 Yes Land Trust Committee
Rick Mellert District 5 or At-Large 5 Yes None
Adam Peterson District 5 or At-Large 5 Yes None
Ann Marie Ricardi District 5 or At-Large 5 Yes None
Jill Rosenfeld District 5 or At-Large 5 Yes None
Beth Rozansky District 5 or At-Large 5 Yes None
Denise Mary Scheppe District 5 or At-Large 5 Yes None
The following applications were rejected as inconsistent with the requirements of the Ordinance for the
reasons stated, and are included as the Board has historical reserved the ability to waive a requirement for
a particular advisory board if it so wishes:
Scott BaxterNoNot
registered to vote in
Collier County
Glen Dean Harrel District 2 or At-Large 2 Yes Holds an elected office
Dean Jacobsen No Not registered to vote in Collier
County
Aliese Price Priddy District 5 or At-Large 5 Yes Holds an elected office
All of the applications have been provided in the back-up to this agenda item. Applications which were
withdrawn were not included.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners selects seven initial members out of
the pool of applicants, one person for each of the five districts and two representing the County at -large;
and directs the County Attorney to prepare a resolution confirming the appointments consistent with the
Board’s direction and this Executive Summary.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
AGENDA DATE: January 8, 2019
ATTACHMENT(S)
1. ISCOC Clarification Email (PDF)
2. Ordinance 2018-21 (PDF)
3. District 1 ISCOC Backup Documentation (PDF)
4. District 2 ISCOC Backup Documentation (PDF)
5. District 3 ISCOC Backup Documentation (PDF)
6. District 4 ISCOC Backup Documentation (PDF)
7. District 5 ISCOC Backup Documentation (PDF)
8. ISCOC Disqualified Applicants (PDF)
12.A
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COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 7695
Item Summary: Recommendation to appoint seven members to the Collier County Infrastructure
Surtax Citizen Oversight Committee.
Meeting Date: 01/08/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/02/2019 2:31 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/02/2019 2:31 PM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 01/02/2019 2:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/02/2019 2:45 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/02/2019 3:53 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/02/2019 3:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
12.A
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7.C.1
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HayesJessica
From:KlatzkowJeff
Sent:Thursday, December 13, 2018 3:56 PM
To:michaelbsokol@gmail.com; rstomp@bellsouth.net; glenharrell@yahoo.com;
jsl@wasmerschroeder.com; Murllandman@gmail.com; juliana@harmonmeek.com; Denise Murphy;
JILLFROSENFELD@GMAIL.COM; schapin43@aol.com; jacobwingecr@gmail.com;
elsesser@aol.com; whsherman@earthlink.net; Doug1meschko@yahoo.com;
Lmwaterstone@gmail.com; Falynnemiller@gmail.com; denisekorman@yahoo.com; Tracylyn77
@gmail.com; petersad1234@gmail.com; jabjrlaw@gmail.com; pselvidio@gmail.com; andrew1188
@aol.com; drburland@gmail.com; grothbaum@gmail.com; beth.a.rozansky@gmail.com;
ronkezeske@gmail.com; tunzilla@comcast.net; rwberke@gmail.com; dave@navikas.net;
pdudasik@gmail.com; tconrecode@gmail.com; Kelly@noworriesevents.com; rweyer@ree-i.com;
sosborne@mo-cpa.com; amricardi22@gmail.com; jamiea.swfl@gmail.com; jeff.lutz1@yahoo.com;
marvineaston@comcast.net; sara.mcfadden@icloud.com; bobaufde@gmail.com;
charles.sellon@verizon.net; lpjbranch@gmail.com; Chuckm.dabney@gmail.com
Cc:SolisAndy; McDanielBill; FialaDonna; SaundersBurt; TaylorPenny; OchsLeo; CasalanguidaNick;
HayesJessica
Subject:Collier County Infrastructure Surtax Citizen Oversight Committee
Attachments:Ordinance 2018-21.pdf; Committee Policy.pdf; PBC-Resolution.pdf
Dear Applicant:
Thank you for applying to be a member on the Collier County Infrastructure Surtax Citizen Oversight
Committee. I anticipate that the Board of County Commissioners will consider appointments to the Committee
at their January 8, 2019 meeting.
I have been advised that there may be some misunderstanding amongst some of you as to the duties and
responsibilities of this Committee.
On April 24, 2018, the Board of County Commissioners adopted Ordinance No. 2018-21, known as the
Collier County Infrastructure Sales Tax Ordinance. The Ordinance authorized a countywide referendum for a
local government infrastructure surtax of one percent (1%) on all authorized taxable transactions occurring
within Collier County, which was approved by the voters this past November. The Ordinance also requires the
creation of an independent citizen oversight committee (“Committee”), whose duties were listed as follows:
“The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot
referendum approved by the voters and this Ordinance.”
The Ordinance was structured to mirror the 2016 Palm Beach County Infrastructure Sales Tax
Ordinance. The responsibilities and mission of the Palm Beach County Independent Oversight Committee
(which the Collier County Infrastructure Surtax Citizen Oversight Committee mirrors) are contained in both the
attached Palm Beach County Board Resolution and Committee Policy and are as follows:
Responsibilities & Mission
1. The Committee will meet monthly, or as needed, to oversee the Surtax Plan.
2. The Committee will issue an annual report.
3. The Committee will provide oversight and review expenditure reports produced by the County to:
a. Ensure that one hundred percent (100%) of proceeds are expended only for the
purposes set forth in the ballot measure; and
b. Review expenditures are in compliance with the County’s Surtax Plan; and
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c. Make reports to the Board and County Administrator, which shall include, but not be limited to a statement
indicating whether the County is in compliance with the requirements of the ballot measure and a summary of
the Committee’s proceedings and activities.
Although there will be differences, to better understand how the Collier County Infrastructure Surtax Citizen
Oversight Committee will operate, you may wish to review the Palm Beach County Independent Oversight
Committee website: http://www.onecountyonepenny.org/oversight_committee.htm
Please note that Committee members will not participate in decisions involving project prioritization or
scheduling, nor will they participate in management and execution activities of the project delivery team such as
project design, budgeting and financing.
To those of you who may have been under a different understanding of the role of this Committee, and do
not wish to serve on the Committee as outlined above, please advise and I will remove your name from
consideration.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
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Packet Pg. 17 Attachment: ISCOC Responsibility Clarification Email - Jeff Klatzkow (7951 : Review of Responsibilities and Mission)
Office of Economic and Demographic Research
2018 Local Government Financial Information Handbook 179
Local Government Infrastructure Surtax
Section 212.055(2), Florida Statutes
Summary:
The Local Government Infrastructure Surtax may be levied at the rate of 0.5 or 1 percent pursuant to an
ordinance enacted by a majority vote of the county’s governing body and approved by voters in a countywide
referendum. Generally, the proceeds must be expended to finance, plan, and construct infrastructure; acquire
land for public recreation, conservation, or protection of natural resources; or finance the closure of local
government-owned solid waste landfills that have been closed or are required to be closed by order of the
Department of Environmental Protection (DEP). Additional spending authority exists for select counties.
During the 2018-19 local fiscal year, the 25 counties levying this surtax will realize an estimated $1.58 billion
in revenue. The 20 eligible counties not currently levying this surtax at the maximum rate will allow an
estimated $2.15 billion to go unrealized.
General Law Amendments:
Chapter 2018-118, L.O.F., (CS/HB 7087) amends the definition of infrastructure to clarify that public
facilities also includes facilities that are necessary to carry out governmental purposes, including, but not
limited to, fire stations, general governmental office buildings, and animal shelters. Additionally, the
legislation amends the definition of infrastructure to include instructional technology used solely in a school
district’s classrooms. Instructional technology is defined as an interactive device that assists a teacher in
instructing a class or group of students. The hardware and software necessary to operate the interactive device
and support systems in which an interactive device may mount are also included as authorized expenditures.
These changes became effective on July 1, 2018.
Authorization to Levy:
Local governments may levy this surtax at a rate of 0.5 or 1 percent pursuant to an ordinance enacted by a
majority of the members of the county’s governing body and approved by the voters in a countywide
referendum. In lieu of action by the county’s governing body, municipalities representing a majority of the
county’s population may initiate the surtax through the adoption of uniform resolutions calling for a
countywide referendum on the issue. If the proposal to levy the surtax is approved by a majority of the
electors, the levy takes effect.
Additionally, the surtax may not be levied beyond the time established in the ordinance if the surtax was
levied pursuant to a referendum held before July 1, 1993. If the pre-July 1, 1993 ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. There is no state-mandated limit on
the length of levy for those surtax ordinances enacted after July 1, 1993. The levy may only be extended by
voter approval in a countywide referendum. This surtax is one of several surtaxes subject to a combined rate
limitation. A county cannot levy this surtax and the Small County Surtax, Indigent Care and Trauma Center
Surtax, and County Public Hospital Surtax in excess of a combined rate of 1 percent.
Counties Eligible to Levy:
All counties are eligible to levy the surtax.
Distribution of Proceeds:
The surtax proceeds are distributed to the county and its respective municipalities according to one of the
following procedures.
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180 2018 Local Government Financial Information Handbook
1. An interlocal agreement approved by county’s governing body and the governing bodies of the
municipalities representing a majority of the county’s municipal population. This agreement may
include a school district with the consent of all governing bodies previously mentioned.
2. If there is no interlocal agreement, then the distribution will be based on the Local Government Half-
cent Sales Tax formulas provided in s. 218.62, F.S.
Authorized Uses of Proceeds:
The surtax proceeds and any accrued interest are expended by the school district, within the county and
municipalities within the county, or, in the case of a negotiated joint county agreement, within another county,
for any of the following purposes.
1. To finance, plan, and construct infrastructure.
2. To acquire any interest in land for public recreation, conservation, or protection of natural resources
or to prevent or satisfy private property rights claims resulting from limitations imposed by the
designation of an area of critical state concern.
3. To provide loans, grants, or rebates to residential or commercial property owners who make energy
efficiency improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum.
4. To finance the closure of county or municipal-owned solid waste landfills that have been closed or
are required to be closed by order of the DEP. Any use of the proceeds or interest for purposes of
landfill closures before July 1, 1993, is ratified.
The term energy efficiency improvement means any energy conservation and efficiency improvement that
reduces consumption through conservation or a more efficient use of electricity, natural gas, propane, or other
forms of energy on the property, including, but not limited to, air sealing; installation of insulation;
installation of energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of energy controls
or energy recovery systems; installation of electric vehicle charging equipment; installation of systems for
natural gas fuel as defined in s. 206.9951, F.S; and installation of efficient lighting equipment.
The surtax proceeds and any interest may not be used to fund the operational expenses of infrastructure,
except that a county that has a population of fewer than 75,000 that is required to close a landfill may use the
proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s.
125.011, F.S., (i.e., Miami-Dade County) and charter counties may use the proceeds or interest to retire or
service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds
subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or
servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
As it relates to the authorized uses of the surtax proceeds and any accrued interest, the term infrastructure has
the following meanings.
1. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related
costs required to bring the public facilities into service. For this purpose, the term public facilities
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Office of Economic and Demographic Research
2018 Local Government Financial Information Handbook 181
means facilities as defined in ss. 163.3164(39),1 163.3221(13),2 or 189.012(5),3 F.S., and includes
facilities that are necessary to carry out governmental purposes, including, but not limited to, fire
stations, general governmental office buildings, and animal shelters, regardless of whether the
facilities are owned by the local taxing authority or another governmental entity.
2. A fire department vehicle, emergency medical services vehicle, sheriff’s office vehicle, police
department vehicle, or any other vehicle, and the equipment necessary to outfit the vehicle for its
official use or equipment that has a life expectancy of at least 5 years.
3. Any expenditure for the construction, lease, maintenance, or provision of utilities or security for
those court facilities as defined in s. 29.008, F.S.
4. Any fixed capital expenditure or fixed capital outlay associated with the improvement of private
facilities that have a life expectancy of 5 or more years and that the owner agrees to make available
for use on a temporary basis as needed by a local government as a public emergency shelter or
staging area for emergency response equipment during an emergency officially declared by the state
or by the local government under s. 252.38, F.S. These private facility improvements are limited to
those necessary to comply with current standards for public emergency evacuation shelters. The
private facility’s owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of emergency
shelter at no cost to the local government for a minimum of 10 years after the completion of the
improvement with the provision that the obligation will transfer to any subsequent owner until the
end of the minimum period.
5. Any land-acquisition expenditure for a residential housing project in which at least 30 percent of the
units are affordable to individuals or families whose total annual household income does not exceed
120 percent of the area median income adjusted for household size, if the land is owned by a local
government or by a special district that enters into a written agreement with the local government to
provide such housing. The local government or special district may enter into a ground lease with a
public or private person or entity for nominal or other consideration for the construction of the
residential housing project on land acquired pursuant to this provision.
6. Instructional technology used solely in a school district’s classrooms. Pursuant to this provision, the
term instructional technology means an interactive device that assists a teacher in instructing a class
or a group of students and includes the necessary hardware and software to operate the interactive
device. The term also includes support systems in which an interactive device may mount and is not
required to be affixed to the facilities.
Any local government infrastructure surtax imposed or extended after July 1, 1998, may allocate up to 15
percent of the surtax proceeds for deposit within a county trust fund created for the purpose of funding
economic development projects having a general public purpose of improving local economies, including the
funding of operational costs and incentives related to economic development. The referendum ballot
statement must indicate the intention to make the allocation. School districts, counties, and municipalities may
1. Section 163.3164(39), F.S., defines the term public facilities as major capital improvements, including transportation, sanitary
sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.
2. Section 163.3221(13), F.S., which defines the term public facilities as major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and
facilities.
3. Section 189.012(5), F.S., which defines the term public facilities as major capital improvements, including, but not limited to,
transportation facilities, sanitary sewer facilities, solid waste facilities, water management and control facilities, potable water
facilities, alternative water systems, educational facilities, parks and recreational facilities, health systems and facilities, and, except
for spoil disposal by those ports listed in s. 311.09(1), F.S., spoil disposal sites for maintenance dredging in waters of the state.
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Packet Pg. 20 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission)
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182 2018 Local Government Financial Information Handbook
pledge the surtax proceeds for the purpose of servicing new bonded indebtedness. Local governments may
use the services of the Division of Bond Finance of the State Board of Administration to issue bonds, and
counties and municipalities may join together for the issuance of bonds.
A county with a total population of 50,000 or less on April 1, 1992, or any county designated as an area of
critical state concern that imposed the surtax before July 1, 1992, may use the proceeds and accrued interest
of the surtax for any public purpose if the county satisfies all of the following criteria.
1. The debt service obligations for any year are met.
2. The county’s comprehensive plan has been determined to be in compliance with part II of ch. 163,
F.S.
3. The county has adopted an amendment to the surtax ordinance pursuant to the procedure provided in
s. 125.66, F.S., authorizing additional uses of the proceeds and accrued interest.
Those counties designated as an area of critical state concern that qualify to use the surtax for any public
purpose may use only up to 10 percent of the surtax proceeds for any public purpose other than for authorized
infrastructure purposes. A county that was designated as an area of critical state concern for at least 20
consecutive years prior to removal of the designation, and that qualified to use the surtax for any public
purpose at the time of the designation’s removal, may continue to use up to 10 percent of the surtax proceeds
for any public purpose other than for infrastructure purposes for 20 years following the designation’s removal.
After the 20 year period expires, a county may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure if the county adopts an ordinance providing for such continued
use of the surtax proceeds.
Likewise, a municipality located within such a county may not use the proceeds and accrued interest for any
purpose other than an authorized infrastructure purpose unless the municipality’s comprehensive plan has
been determined to be in compliance with part II of ch. 163, F.S., and the municipality has adopted an
amendment to its surtax ordinance or resolution pursuant to the procedure provided in s. 166.041, F.S.,
authorizing additional uses of the proceeds and accrued interest. Such municipality may expend the proceeds
and accrued interest for any public purpose authorized in the amendment.
Despite any other use restrictions to the contrary, a county, having a population greater than 75,000 in which
the taxable value of real property is less than 60 percent of the just value of real property for ad valorem tax
purposes for the tax year in which the referendum is placed before voters, and the municipalities within such a
county may use the surtax proceeds and accrued interest for operation and maintenance of parks and
recreation programs and facilities established with the proceeds throughout the duration of the levy or while
accrued interest earnings are available for such use, whichever period is longer.
Attorney General Opinions:
Florida’s Attorney General has issued the following legal opinions relevant to this revenue source.
Opinion # Subject
2016-02 Infrastructure surtax, emergency generators
2012-19 Infrastructure surtax, beach erosion projects/studies
2009-28 Counties, use of infrastructure surtax monies
2007-51 Municipalities, use of infrastructure surtax monies
2003-17 Infrastructure surtax use to purchase computer system
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Office of Economic and Demographic Research
2018 Local Government Financial Information Handbook 183
2001-45 Local government infrastructure surtax, health care
2000-06 Expenditure of infrastructure surtax revenues
99-24 Capital improvements to property leased by county
95-73 Counties, infrastructure surtax used to fund engineers
95-71 Tourist development tax / infrastructure surtax
94-79 Uses of local government infrastructure surtax
94-46 Vehicles purchased with proceeds of sales surtax
93-92 Local government infrastructure surtax, purchase of vehicle
92-81 Discretionary local option infrastructure sales surtax
92-08 Local government infrastructure surtax proceeds
90-96 Infrastructure surtax proceeds, payment of debt
88-59 Use of discretionary surtax for construction
The full texts of these opinions are available via a searchable on-line database.4 Local government officials
seeking more clarification should review the opinions in their entirety. The reader should keep the date of the
opinion in mind when reviewing its relevance to current law or any interpretations that have been articulated
in Florida case law.
4. http://myfloridalegal.com/ago.nsf/Opinions
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02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 7.D
Item Summary: Review of Sunshine Law Procedures
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:27 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2019 4:27 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 02/04/2019 4:39 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/04/2019 7:09 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/04/2019 7:47 PM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 12:57 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
7.D
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[YY-1128/1167753/1] 1
Sunshine Law & Public Records Law
County Attorney Office Presentation
Sunshine Law, Section 286.011, Florida Statutes
Welcome to Collier County Government and your important role as an Advisory Board Member.
We hope that you will find your service rewarding. Advisory Board Members must be aware of
the significance of the Florida Sunshine Law and Public Records Law. The primary rule for you
to remember is to not discuss or engage in written correspondence with another Advisory Board
Member regarding anything that may foreseeably come before your Advisory Board. Remember
any discussion on Advisory Board business must take place in the Sunshine with all elements of
the Sunshine Law strictly followed. The County Attorney’s Office will hold quarterly seminars
to discuss these laws and related issues; and you are encouraged to attend a seminar. Thank you
for your service and commitment to Collier County!
History:
Florida's Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law
regarding open government can be found in Chapter 286 of the Florida Statutes. These statutes
establish a basic right of access to most meetings of boards, commissions and other governing
bodies of state and local governmental agencies or authorities.
Applicability:
The Sunshine Law is applicable to the Collier County Board of County Commissioners and all
Collier County Advisory Boards. The Sunshine Law applies to all decision-making committees.
The Sunshine Law does not apply to County Staff unless Staff is a member of the Advisory
Board.
The Sunshine Law is “applicable to any gathering, whether formal or casual, of two or more
members of the same board or commission to discuss some matter on which foreseeable action
will be taken by the public board or commission.” Hough v. Stembridge, 278 So. 2d 288 (Fla.
3d DCA 1973).
Sunshine Law Requirements:
There are three basic requirements of the Sunshine Law found in Section 286.011, Fla. Stat.:
(1) meetings of public boards or commissions must be open to the public;
(2) reasonable notice of such meetings must be given; and
(3) minutes of the meeting must be taken.
(1) Open to the public. The meeting must be open to the public. No person can be
excluded absent extenuating circumstances. The location must be accessible, of
sufficient size for turnout, the facility may not discriminate based on a protected class,
and the meeting must occur within Collier County.
The public shall be given a reasonable opportunity to be heard on a proposition before a
board or commission including an Advisory Board. The Board may establish policies to
maintain orderly conduct and proper decorum and may establish time limits similar to
those established by the Board of County Commissioners.
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(2) Reasonable notice of the meeting must be given. Reasonable is defined to mean
approximately 72 hours.
(3) Written minutes of the meeting are required and must be taken and made available
promptly. Sound recordings may be used in addition to written minutes but not as a
substitute. The minutes (including drafts) are public records. The minutes must record
the votes (no “secret ballots”).
The Sunshine Law applies when two or more members of a governing board (such as the BCC)
discuss a matter that may foreseeably come before the governing board.
Collier County Advisory Board members must strictly adhere to all aspects of the Sunshine Law.
Top Five Reminders!
1. No pre and post meeting discussions;
2. No private conversations on the dais;
3. Avoid texting on the dais;
4. May not use non-members as liaisons between board members;
5. Avoid the appearance of impropriety.
Written Correspondence:
The Sunshine Law applies to all Advisory Board business including written correspondence and
emails. Advisory Board Members should not communicate with each other via written or
electronic correspondence. Should an Advisory Board Member wish to send information to all
other Board members, he or she should send the information through the County Staff Liaison as
a one-way communication.
- Two way communication must be held in the Sunshine.
- Discussions must occur at the public meeting.
- The Sunshine Law and rules on communication apply only to matters that may
foreseeably come before the governing board.
- Social events are of course permissible – be mindful of the Sunshine Law!
Quorum:
In order to hold a public meeting and take action, the Advisory Board must have a quorum of its
members physically present in the meeting room.
Inspection Trips:
The County Attorney Office recommends against two or more members taking an inspection trip
together. If an inspection trip is required, all elements of the Sunshine Law must be strictly
followed. The County Staff Liaison should work with the County Attorney’s Office to
coordinate an inspection if one is required.
Penalties for violations of the Sunshine Law:
It is a second degree misdemeanor to knowingly violate the Sunshine Law and may include a
fine up to $500 or 60 days imprisonment, removal from position.
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Public Records Law, Chapter 119, Florida Statutes
History:
Florida began its tradition of transparency back in 1909 with the passage of Chapter 119 of the
Florida Statutes or the “Public Records Law.” This law provides that any records made or
received by any public agency in the course of its official business are available for inspection,
unless specifically exempted by the Florida Legislature. Over the years, the definition of what
constitutes “public records” has come to include not just traditional written documents such as
papers, maps and books, but also tapes, photographs, film, sound recordings and records stored
in computers.
What is a public record?
A public record encompasses all materials made or received by an agency in connection with
official business which are used to perpetuate, communicate or formalize knowledge, regardless
of whether such materials are in final form.
Public records include: all documents, paper, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of physical form or
means of transmission made or received pursuant to law in connection with the transaction of
official business by the agency.
Applicability:
Advisory Board Members are required to adhere to the Public Records law. Any record made or
received by the Advisory Board Member in the course of County business is a public record.
Recommendations:
- Should an Advisory Board member need to send a one-way communication to the
Advisory Board, he or she should copy the County Staff Liaison (at the County
employee’s email address). This will allow the email to be maintained on the
County’s network server.
- Advisory Board members may wish to create a notebook to maintain all
committee business and once the committee service is over, provide the notebook
to the County Staff Liaison to maintain for compliance with the Public Records
Law.
- Generally, the document author is the custodian of the record. The Advisory
Board member is not required to maintain each agenda. The County Staff Liaison
will maintain the agendas and the attached documents.
Statutory exemptions may apply:
Generally all records made or received by an agency in the course of official business are public
records. There must be a specific statutory exemption in order for a record to be exempt (or
protected) from disclosure.
Exemptions may include:
- Documents prepared for litigation or in anticipation of litigation, however these
documents lose the statutory exemption at the close of litigation.
- Social security numbers of employees or former employees.
- Sealed bid or proposals; there is a shade period that applies. Following the shade
period, the documents lose the statutory exemption and are public records.
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Public Records Requests:
Public Records requests in Collier County are governed by Ch. 119, Fla. Stat., and Collier
County Resolution No. 07-327. The Resolution provides:
- Requests may be made verbally or in writing by any person.
- The County cannot require the requestor to provide their request in writing.
- The County has a “reasonable” time to respond; however the County must take
action promptly and cannot create an arbitrary time to respond – for example 72
hours. Requests should be processed as received.
- The County may charge for the cost of retrieving the records if the amount
requested is voluminous. The County will charge actual staff time for work in
excess of one (1) hour to gather and review the records.
- May charge 15 cents per page.
- The County is not required to create records that do not already exist.
- The County is not required to provide explanat ion of records.
Penalties:
There are both civil and criminal penalties for knowingly violating the Public Records Law.
Social Networking:
The Sunshine Law and Public Records Laws applies to Social Networking for example
Facebook, Twitter, and You Tube. This presents unique challenges to document and maintain
the records. Advisory Board members should avoid discussing official committee business on
these social networking sites – remember there can be no two-communication outside of the
Sunshine Law. If you are in a position to use social networking for Advisory Board business,
please discuss with your County Staff Liaison.
Ethics Laws – Florida Statutes, County Ordinance, County Policy
Three areas:
Chapter 112, Florida Statutes, Part III
Collier County Ordinance No. 2003-53, as amended
Collier County Manager Administrative Procedures CMA #5311 (employees only)
Ch. 112, Fla. Stat.
Ch. 112, Fla. Stat., provides a Code of Ethics for public officers and employees. The Code of
Ethics protects against conflict of interest and establishes standards for the conduct of elected
officials and government employees in situations where conflicts may exist.
A conflict of interest is a situation in which regard for a private interest tends to lead to a
disregard of a public duty or interest.
Florida’s Code of Ethics
Applies to: Board, Public Officials, and Employees
Addresses: Standards of Conduct, Voting Conflicts, and Financial Disclosure
Prohibits certain actions or conduct
Requires certain disclosures be made to the public
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Standards of Conduct
Soliciting and Accepting Gifts
May not solicit or accept anything of value that is based on an understanding that their
vote, official action, or judgment would be influenced by such a gift.
Accepting Unauthorized Compensation
May not accept any compensation, payment, or thing of value that is given to influence a
vote or official action.
Misusing Public Position
May not corruptly use official position to obtain a special privilege for yourself or others.
Disclosing or Using Certain Information
May not disclose or use information not available to the public and obtained by reason of
the public position for the personal benefit of yourself or others.
Additional Standards of Conduct
Doing business with one’s agency - A public officer or employee acting in a private capacity
shall not attempt to do business with the County/Agency where he/she serves as an officer or
employee. Applies to private business in which public officer, employee, spouse or child has a
material interest. (112.313(3)).
Engaging in conflicting employment or contractual relationship - A public officer may not
be employed or contract with any business entity regulated by or doing business with his or her
public agency. (112.313(7)). May be waived by 2/3 vote of full Board (112.313(12)). Specific
exemptions apply.
Voting Conflicts of Interest
Requires that no County, municipal, or other Local Public Officer (including members of Board
appointed committees) shall vote in an official capacity upon any measure which would inure to
the special private gain or loss of themselves, any principal or entity by whom they are retained,
other than an agency as defined in Section 112.312(2), or to any relative or business associate.
(Specific exemptions apply.)
Exemptions:
(1) Remote and speculative test – or “uncertainty at the time of vote”
(2) Size of class test – “unique gain or loss”
When there is a conflict - Abstain from voting:
(1) Must announce the nature of the conflict before the vote; abstain from voting; and file a
memorandum of voting conflict.
(2) May not participate in the discussion without first disclosing the nature of their interest.
(3) May not participate in an attempt to influence the outcome.
Optional Abstention Provision – Section 286.012, Fla. Stat.
Penalties: Civil penalties, fine or removal from office
7.D.1
Packet Pg. 37 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures)
[YY-1128/1167753/1] 6
County Ethics Ordinance No. 2003-53, as amended
More stringent than Florida Statutes
Statement of Policy
An individual covered by this Ordinance 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 an impropriety in the performance of his/her
public duties; and
3. Not accept anything of value if the public servant knows or reasonably should have
known that it was given with the intent to reward or influence him/her in the performance
or nonperformance of his/her public duties.
NO THANK YOU!
Public officials are prohibited from accepting any gift or any other thing of monetary value from
anyone that has an interest that may be substantially affected by the performance or non-
performance of duties of a public official.
Limited Exceptions Apply!
Gifts from relatives
Unsolicited advertising or promotional materials
Gifts for participation in a seminar
Award of nominal commercial value ($40)
Food or beverage offered to all attendees at a business meeting
(the $4.00 rule (inflation))
WHEN IN DOUBT, PLEASE ASK!
Standards of Conduct
No public servant shall:
1. Accept a gift knowing that it was given with the intent to reward or influence the public
official in the performance or nonperformance of his/her duties;
2. Participate in the selection of a vendor or the approval of a contract if that employee has
received a gift from someone;
3. Participate in permitting or inspection decision if that employee has received a gift from
the applicant including gifts from relatives;
4. Accept anything of value from a lobbyist; and
5. Solicit a contribution from another person/employee for a gift to an official superior or
accept a gift from a subordinate.
6. Exceptions – Holidays or occasions where it is customary to give a gift. (Employees)
Penalties: Violations of County Ethics Ordinance may result in jail as well as fine penalties.
County Manager Administrative Procedures/Code of Ethics/Standards of Conduct
Prohibited receipt of gifts or items or value by County employees
Violation may result in disciplinary action up to and including discharge
7.D.1
Packet Pg. 38 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures)
[YY-1128/1167753/1] 7
Questions, please contact the County Attorney’s Office:
Jeffrey A. Klatzkow, County Attorney
jeffklatzkow@colliergov.net
Colleen M. Greene, Assistant County Attorney
colleengreene@colliergov.net
3299 Tamiami Trail East, 8th Floor
Naples, FL 34112
(239) 252-8400
7.D.1
Packet Pg. 39 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures)
Collier County
Advisory Boards
in the Sunshine
Office of the County Attorney
Jeffrey A. Klatzkow, County Attorney
7.D.2
Packet Pg. 40 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Overview of Presentation
•General Discussion of Advisory Boards;
•A Discussion of Florida’s Government in the
Sunshine Law;
•A Discussion of Public Records Law;and
•Ethics Laws,both State and Local
7.D.2
Packet Pg. 41 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
What Is An Advisory Board?
A County advisory board is created by
ordinance,resolution or Florida statutes to
provide advice and recommendations to the
Board of County Commissioners on diverse
matters of public concern.Collier County has
approximately 40 Advisory Boards with over
300 members.
7.D.2
Packet Pg. 42 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Why Do We Have Advisory Boards?
Citizen participation is vital to a democratic
government.Advisory boards,commissions,
and authorities are an integral part of the
governmental process in Collier County.The
volunteers who participate provide the Board of
County Commissioners with valuable insights
and their service is greatly appreciated.
7.D.2
Packet Pg. 43 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
What Ordinance Governs
My Advisory Board?
There are two County Ordinances you should be aware
of:
1.The County’s General Advisory Board
Ordinance,Ord.No.01-55,as amended,and
2.The Ordinance or Resolution that created your
Advisory Board.
7.D.2
Packet Pg. 44 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Overview of the General Advisory
Board Ordinance
Requirements for board members
Appointment
Loss of Membership
No representation of Collier County
7.D.2
Packet Pg. 45 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Requirements for Board Members
All members of County advisory boards must be
permanent residents and electors of Collier County and
should be reputable and active in community service.
The requirement that a board member must be a Collier
County elector may be exempted if the ordinance which
created the 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.
7.D.2
Packet Pg. 46 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
How is a Member Appointed to an Advisory Board?
All Advisory Board members are appointed by the
Board of County Commissioners during a Regular
Public Meeting,and serve at the pleasure of the Board
of County Commissioners.The Commission's primary
consideration in appointing board members is to provide
the Advisory Board with the technical,professional,
financial,business or administrative expertise necessary
to effectively accomplish the Advisory Board's purpose.
7.D.2
Packet Pg. 47 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Loss of Membership from an Advisory Board
Among the ways in which your membership from an Advisory Board may
prematurely end include the following:
1.You cease to be a resident of Collier County;
2.You become a candidate for political office unless you are 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,or you already serve in an elected position and are
seeking re-election;
3.You become a plaintiff in a lawsuit against Collier County;
4.You were absent for more than one-half of the advisory board's meetings in
a given fiscal year;and
5.You are removed by the Board of County Commissioners,with or without
reason.
7.D.2
Packet Pg. 48 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
An Advisory Board Member Does Not
Represent Collier County
A member of an Advisory Board is not a representative
of Collier County.You speak on behalf of yourself,not
on behalf of your advisory board or Collier County.To
that end,you may not print,create,use or distribute any
business or informational card depicting the County
logo or in any way representing you as a representative
of Collier County or as a County board member.
7.D.2
Packet Pg. 49 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Overview of Your Advisory Board Ordinance
Your Advisory Board Ordinance (or Resolution if this is
an ad hoc committee)will typically define the purpose,
powers and duties of your board;the number of
members on the board;the member’s term of office
(which is typically staggered);what constitutes a
quorum;and the board’s rules of procedure (which
generally default to Robert’s Rules of Procedure).
7.D.2
Packet Pg. 50 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Florida’s Government in the
Sunshine Law
7.D.2
Packet Pg. 51 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
What is Florida's Government-in-the-
Sunshine Law?
Enacted in 1967
Found in Chapter 286,Florida Statutes
Establishes a basic right of access to most
meetings of boards,commissions and other
governing bodies of state and local governmental
agencies or authorities
7.D.2
Packet Pg. 52 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Sunshine Law
The Sunshine Law is “applicable to any gathering,whether
formal or casual,or two or members of the same board or
commission to discuss some matter on which foreseeable action
will be taken by the public board or commission.”
Hough v.Stembridge,278 So.2d 288 (Fla.3d DCA 1973).
7.D.2
Packet Pg. 53 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The Three Basic Requirements of the
Sunshine Law,
§286.011, Florida Statutes
Meetings of public boards, commissions or
committees (“boards”) must be open to the public.
Reasonable notice of such meetings must be
given.
Minutes of the meeting must be taken.
7.D.2
Packet Pg. 54 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Meetings Must be Open
to the Public
The public must be allowed to attend meetings,and the
location:
Must be accessible
Sufficient size for turnout
Facility cannot discriminate based on age,race,etc.
Public access not unreasonably restricted
Be within Collier County with few exceptions
Effective 10.1.2013 –public shall be given a reasonable
opportunity to be heard on a proposition before a board or
commission.Board may establish policies to maintain orderly
conduct and decorum.May establish time limits.
7.D.2
Packet Pg. 55 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Reasonable notice of such meetings
must be given.
The public must be given reasonable and timely
notice so they can decide whether to attend.What
is “reasonable”or “timely”depends on the
circumstance.It does not necessarily require a
newspaper advertisement;contact the County
Attorney’s Office for guidance.
7.D.2
Packet Pg. 56 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Minutes of the meeting are required.Written
minutes must be taken and made available promptly.
Sound recordings may also be used,but only in addition to written
minutes.
Minutes may be a brief summary of meeting’s events.
Minutes are public records.
Minutes must record the votes.
7.D.2
Packet Pg. 57 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The Sunshine Law applies to all advisory boards
and all of the advisory board’s subcommittees.
The Sunshine Law applies when two or more
members of a board or subcommittee discuss a
matter that may foreseeably come before the board
or subcommittee.
7.D.2
Packet Pg. 58 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Subcommittee Issues
A subcommittee is a subordinate
committee chosen from among the members of
a main committee to carry out special
assignments.All members of a subcommittee
must be members of the Advisory Board.All
subcommittees are Sunshine Committees,and
must adhere to all of the requirements of the
Sunshine Law.
7.D.2
Packet Pg. 59 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Advisory Board Members
Must strictly adhere to all aspects of the Sunshine
Law.
No pre or post meeting discussions;
No private conversations on the dais;
Avoid texting on the dais;
May not use non-members as liaisons
between board members;
Avoid the appearance of impropriety.
7.D.2
Packet Pg. 60 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Written Correspondence
A board member may send documents on matters
coming before the board for official action to other
board members,PROVIDED there are no responses
from,or interaction related to documents among,the
board members prior to the public meeting.The written
correspondence becomes a public record.
•Recommend use of staff liaison.
•Two way communication must be done in the Sunshine.
7.D.2
Packet Pg. 61 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Inspection Trips
Members of an advisory board may conduct inspection trips
(limited basis).
All requirements of the Sunshine Law must be met,as
fact finding exemption does not apply to a board with
“ultimate decision-making authority.”See Finch v.
Seminole County School Board,995 So.2d 1068 (Fla.
5th DCA 2008).
To avoid Sunshine issues,if you wish to conduct an
inspection,do so outside the company of a fellow board
member.
7.D.2
Packet Pg. 62 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
7.D.2
Packet Pg. 63 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
FAQs
Are two members of the same Advisory Board of Board of
County Commissioners allowed to attend the same social
event or civic function, like a Chamber of Commerce meeting?
Social events and other community events are of course
permissible. Advisory Board members must be aware not to
discuss any matter that may be discussed at their advisory
board meetings.
Does the Sunshine Law apply to private organizations, such as
homeowners’ associations?
No. The Sunshine Law only applies to local government
boards.
7.D.2
Packet Pg. 64 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Does the Sunshine Law apply to a meeting between
one County Commissioner and a private citizen?
No, the Sunshine Law only applies to certain
discussions between two members of the same board.
7.D.2
Packet Pg. 65 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Validity of Action Taken in Violation of The Sunshine
Law/Subsequent Corrective Action
Section 286.011 ,F.S.,provides that no resolution,rule,
regulation or formal action shall be considered binding
except as taken or made at an open meeting.
Recognizing that the Sunshine Law should be construed so
as to frustrate all evasive devices,the courts have held that
action taken in violation of the law is void ab initio (from
the beginning).
Within limitations,some case law exists holding that
Sunshine Law violations can be cured by independent,
final action taken completely in the Sunshine.
7.D.2
Packet Pg. 66 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
What are the Consequences if a Public Board
or Commission Fails to Comply with the
Sunshine Law?
Criminal Penalties:
It is a second degree misdemeanor to knowingly violate the Sunshine
law.
Punishable with a fine of up to $500 and/or up to 60 days imprisonment.
Other Penalties Include:
Removal from position.
Payment of attorney’s fees incurred by the challenging party,as well as
declaratory and injunctive relief.
7.D.2
Packet Pg. 67 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The Headlines
We Don’t Want!
“Judge Finds Marco Councilor Guilty of Sunshine Law Violation!!” Naples Daily News 2/7/08
“Planning Member’s Lunch Clouds Florida in Sunshine Law” Naples Daily News 2/7/07
Grand Jury OKs City Sunshine Law Investigation 7/12/07
Jacksonville News
“A Times-Union Investigation Finds Evidence of Florida Sunshine Law Violations” Florida Times-Union 6/14/07
7.D.2
Packet Pg. 68 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
PUBLIC RECORDS
Office of the County Attorney
Jeffrey A. Klatzkow, County Attorney
7.D.2
Packet Pg. 69 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The Definition of Public Records Open to
Inspection to Any Person is Very Broad.
A public record encompasses all
materials made or received by an
agency in connection with official
business which are used to
perpetuate, communicate or
formalize knowledge, regardless of
whether such materials are in final
form.
7.D.2
Packet Pg. 70 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Public Records Law
Public Records include:
All documents,paper,letters,maps,
books,tapes,photographs,films,sound
recordings,data processing software,or
other material,regardless of physical
form or means of transmission made or
received pursuant to law in connection
with transaction of official business by the
agency.(Chapter 119,Florida Statutes)
7.D.2
Packet Pg. 71 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Public Records Law applies to:
Records developed by the Board,
Board-Appointed Committees,and
employees
All Types of records including written
communications,letters,notes and e-
mails
Numerous exemptions are identified in §119 .07,
Florida Statutes,and other statutes
7.D.2
Packet Pg. 72 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
ADVISORY BOARD GUIDELINES FOR
PUBLIC RECORDS AND EMAILS
While you are serving on an advisory board,correspondence and emails to or
from anyone,on any computer (private or government owned),relating to
County business is a public record.
Public records must be maintained pursuant to State guidelines.You may
save them on the computer,a disk,or as a hard copy.If leaving your position
on an advisory board,please provide a copy of all public records in your
possession to the County Staff Liaison.
One-way communications by email should be directed to the County Staff
Liaison.Pursuant to the Sunshine Law,no two-way communications between
members (except during publicly noticed meetings)is permitted.
If you choose to communicate with members of the public concerning County
business via email,please be aware that your name and email address,as well
as the name and email address of the public person,becomes a public record.
7.D.2
Packet Pg. 73 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
What Public Records are
Exempt From Disclosure?
Common exemptions are:
Records prepared for litigation
proceedings or in anticipation of
legal proceedings
Social Security numbers of
employees and former employees
Sealed bids or proposals
Home addresses of current and
former law enforcement officers
including Code Enforcement Officers
7.D.2
Packet Pg. 74 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Public Records Requests
Can be made verbally or in writing by any person
The Board,Committee,or Staff:
Has a “reasonable”time to respond
Can charge for the cost of retrieving records if the amount requested is
voluminous
Can charge 15 cents per page
The Public Records Law does not require:
The retention of records (this is covered by the State’s records retention
policy)
The creation of records or the provision of records in the format
requested
An explanation of the records
* Collier County Resolution No. 2007-327
7.D.2
Packet Pg. 75 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
PENALTIES
A violation of the Public
Records Act carries both civil
and criminal penalties!
7.D.2
Packet Pg. 76 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
FAQs
1.How does someone make a public records
request?
A public records request may be as formal
as a written request or as informal as a
telephone call with everything in between.
2.Is the person making a public records request
required to fill out an application or some
other form?
7.D.2
Packet Pg. 77 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
No. The important thing is to find out what records are being
asked for, and to get a copy of those records to the requestor
within a reasonable time.
3.Who does this?
If the request is simple and can easily be handled by your
department, such as a copy of a permit that the requestor had
filed, then it should be handled then and there. Any substantial
requests should be forwarded to the Customer Relations
Division. Your supervisor should assist you in this.
7.D.2
Packet Pg. 78 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Social Media and Florida’s
Sunshine and Public Records Laws
7.D.2
Packet Pg. 79 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Tools for Social
Networking:
Facebook
Twitter
Instant Messaging
You Tube
Instagram
7.D.2
Packet Pg. 80 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Social Media
Challenges
Increased risk of running afoul of Florida’s
Government in the Sunshine and Public Records
Laws.
7.D.2
Packet Pg. 81 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Florida’s Public Records Laws
Broad Definition
Florida Supreme Court (1980)
“All materials made or received by a city in
connection with official business which are
used to perpetuate,communicate or formalize
knowledge.”
7.D.2
Packet Pg. 82 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Social Media Activity is a
Public Record…
Regardless of the platform,if the
post/tweet/image or other material otherwise
meets the standards for a public record,
•It is a public record,
•It must be retained,and
•It must be producible for inspection or copying
if requested.
7.D.2
Packet Pg. 83 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
7.D.2
Packet Pg. 84 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Social Media and Sunshine
Advisory board members must not engage on social
media in an exchange or discussion of any matter that
might foreseeably come before the board for action…
Period.
(To engage in such an exchange is to violate the Sunshine Law.)
The courts frown upon any communication activity
between board members that appears to be an attempt to
evade Sunshine Requirements.
7.D.2
Packet Pg. 85 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The Comment Trap
Advisory board members must be wary of
commenting on any social media platform about
matters that foreseeably may come before the
board for action.
(The danger arises from the potential for two or more board
members to exchange comments,intentionally or inadvertently.)
7.D.2
Packet Pg. 86 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
FAQs
Should I ever use my personal Social Media for County
Business?
(JAK) Never. There is a reason that the County gives you an
email account. Use your County email, or use the telephone.
And never use your personal computer for County business
unless you have logged onto the County network. The last
thing you want is someone to subpoena your heard drive to
search for public records. Because G-d only knows what’s on
there….
7.D.2
Packet Pg. 87 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Ethics Laws
Office of the County Attorney
Jeffrey A. Klatzkow, County Attorney
7.D.2
Packet Pg. 88 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
This will not suffice!
7.D.2
Packet Pg. 89 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Two Areas of Ethics Laws
State Law:Chapter 112 Code of Ethics for Public
Officers and Employees.Applies to all advisory
board members,elected officials,and County
employees.
The County’s Ethics Ordinance:Ord.No.2003-53,as
amended.Applies to all advisory board members,
elected officials,and County employees.
7.D.2
Packet Pg. 90 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Unauthorized Gifts and Compensation
Public officers or employees,local government
attorneys,and their spouses and minor children
are prohibited from accepting any compensation,
payment,or thing of value when they know,or
with exercise of reasonable care should know,
that it is given to influence a vote or other
official action.[Sec.112.313(2),(4),Fla.Stat.]
7.D.2
Packet Pg. 91 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Unauthorized Compensation
Public officers including Advisory Board
members,and their spouses and minor
children are prohibited from accepting any
compensation,payment,or thing of value
when they know,or with the exercise of
reasonable care should know,that it is
given to influence a vote or other official
action.[Sec.112.313(4),Fla.Stat.]
7.D.2
Packet Pg. 92 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Misuse of Public Position
Public officers and employees,and local
government attorneys are prohibited from
corruptly using or attempting to use their
official positions or the resources thereof to
obtain a special privilege or benefit for
themselves or others.[Sec.112.313(6),Fla.
Stat.]
7.D.2
Packet Pg. 93 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Disclosure or Use of Certain Information
Public officers and employees and local
government attorneys are prohibited from
disclosing or using information not
available to the public and obtained by
reason of their public position for the
personal benefit of themselves or others.
[Sec.112.313(8),Fla.Stat.]
7.D.2
Packet Pg. 94 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Prohibited Business Relationships
1. Doing Business With One's Agency
2. Conflicting Employment or Contractual
Relationship
7.D.2
Packet Pg. 95 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Doing Business With One's Agency
(a)A…public officer acting in an official capacity,is
prohibited from purchasing,renting,or leasing any realty,
goods,or services for his or her agency from a business entity
in which the officer or employee or his or her spouse or child
owns more than a 5%interest.[Sec.112.313(3),Fla.Stat.]
(b)A public officer or employee,acting in a private capacity,
also is prohibited from renting,leasing,or selling any realty,
goods,or services to his or her own agency if the officer or
employee is a state officer or employee,or,if he or she is an
officer or employee of a political subdivision,to that
subdivision or any of its agencies.[Sec.112.313(3),Fla.Stat.]
7.D.2
Packet Pg. 96 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Conflicting Employment or
Contractual Relationship
(a)A public officer or employee is prohibited from holding
any employment or contract with any business entity or agency
regulated by or doing business with his or her public agency.
[Sec.112.313(7),Fla.Stat.]
(b)A public officer or employee also is prohibited from
holding any employment or having a contractual relationship
which will pose a frequently recurring conflict between the
official's private interests and public duties or which will
impede the full and faithful discharge of the official's public
duties.[Sec.112.313(7),Fla.Stat.]
Can be waived in the case of Advisory Board Members by a
two-thirds vote of the Board of County Commissioners (after
disclosure on Commission Form 4A).
7.D.2
Packet Pg. 97 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Voting Conflicts of Interest
Requires no County,municipal,or other Local Public
Officer (including members of Board appointed
committees)shall vote in an official capacity upon
any measure which would inure to the special private
gain or loss of themselves,any principal or entity by
whom they are retained,other than an agency as
defined in §112.312(2),Fla.Stat.,or to any relative
or business associate.(Specific exemptions apply.)
7.D.2
Packet Pg. 98 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Voting Conflicts of Interest
Exemptions may apply:
1.Remote and speculative test “uncertainty at
time of vote.”
2.Size of class test “unique gain or loss.”
7.D.2
Packet Pg. 99 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Requires that public officers, including members
of advisory committees:
Must announce the nature of the conflict before the
vote;abstain from voting;and file a memorandum of
voting conflict.
May not participate in the discussion without first
disclosing the nature of their interest in the matter
(either in writing prior to the meeting,or orally as
soon as they become aware that a conflict exists).
May not participate in an attempt to influence the
decision.
7.D.2
Packet Pg. 100 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Optional Abstention Provision
Section 286.012,Fla.Stat.,provides that an advisory
board member may abstain from voting on a matter
when there is or appears to be a possible conflict of
interest to avoid any perceived bias or prejudice.
The advisory board member is required to file Voting
Conflict Form 8B when citing a potential conflict
under this provision.
7.D.2
Packet Pg. 101 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Form 1 -Limited Financial Disclosure
Collier County Code Enforcement Board
Collier County Planning Commission
Collier County Water and Wastewater Authority
7.D.2
Packet Pg. 102 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Penalties
Violation of Statute
Includes a fine up to $10,000 and
removal from office
7.D.2
Packet Pg. 103 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Collier County Ethics Ordinance
7.D.2
Packet Pg. 104 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Collier County has a No Gift Policy
Public officials including Advisory Board
members are prohibited from accepting any gift
or any other thing of monetary value from
anyone that has an interest that may be
substantially affected by the performance or non-
performance of duties of a public official.
Stricter than State Law.
7.D.2
Packet Pg. 105 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
County Ethics Ordinance
Limited Exceptions Apply!
Gifts from relatives.
Unsolicited advertising or promotional materials.
Gifts for participation in a seminar.
Award of nominal commercial value.
Food or beverage offered to all attendees at a
conference or business meeting,up to $4.
When in doubt,please ask!Better yet,just say no or
pay for the food or beverage.
7.D.2
Packet Pg. 106 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
PENALTIES
for violating County Ethics Ordinance
7.D.2
Packet Pg. 107 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
FAQs
What are the most common violations of the County
Ethics Ordinance?
Every year we get questions involving Christmas or
holiday gifts. Gifts from the public, or those whom
you do County business with, may not be accepted
and must be returned.
Another common question asked is whether vendors
may provide lunch or other snacks for a working
meeting.
7.D.2
Packet Pg. 108 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
Under the County Ordinance, vendors may not
provide anything of value to County employees or
Advisory Board members and this would include
lunch or snacks provided at a meeting.
Another question often asked is whether a citizen
may bake a cake or bring a case of water to Advisory
Board members. Pursuant to the County Ordinance,
this is not allowed.
7.D.2
Packet Pg. 109 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
The County’s Ethics Ordinance is very strict.
If anyone tries to pay for your lunch, in
connection with your County advisory board
service, please say no thank you and pay for
lunch!
With all that said, if you ever have any
questions involving an Ethics issue please call
us. We are not the “Ethics Police.” We are
here to help, and we will keep your question
confidential (remember that emails are public
records).
7.D.2
Packet Pg. 110 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
If you want, we will gladly give you a written
legal opinion on what you can or cannot do.
We cannot help you after-the-fact; when in
doubt call us.
7.D.2
Packet Pg. 111 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
When in Doubt, Call or Email Us!
OFFICE OF THE COUNTY ATTORNEY
Jeffrey A. Klatzkow, County Attorney
Jeff.Klatzkow@colliercountyfl.gov
Colleen M. Greene, Assistant County Attorney
Colleen.Greene@colliercountyfl.gov
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Phone: (239) 252-8400
Questions/Concerns Regarding Sunshine Law, Public Records, Ethics and
Ex-Parte Disclosure Matters
7.D.2
Packet Pg. 112 Attachment: 2018 ADVISORY Sunshine Powerpoint Advisory Boards (7953 : Review of
02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 7.E
Item Summary: Development of Future Meeting Schedule
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:30 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/31/2019 4:30 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 02/04/2019 10:57 PM
County Manager's Office Michael Cox Additional Reviewer Skipped 02/05/2019 8:39 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/05/2019 8:39 AM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 12:58 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
7.E
Packet Pg. 113
02/06/2019
EXECUTIVE SUMMARY
To validate the proposed expenditures for the design, CEI, and the construction for the Big
Corkscrew Island Regional Park.
OBJECTIVE: To validate the expenditures for the design, CEI, and the construction for the Big
Corkscrew Island Regional Park; to ensure that this project meets the requirements of F.S.
212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the pr oject expenditures
are a valid use of Infrastructure Sales Surtax Funding.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County
Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred
after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories of projects
identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and
Community Priorities. Big Corkscrew Island Regional Park was specifically identified within the
Facilities & Capital Replacements category. Additionally, Parks were included in the ballot language
within Exhibit A of the ordinance.
The Big Corkscrew Island Regional Park project fulfills the definition of infrastructure as outlined in F.S.
212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service.”
The Estates area does not currently have a regional park to serve the recreational needs of the area. This
facility will help Parks and Recreation to continue to meet their growing needs and to provide the service
the County is expected to provide. The Park will be located on a 49-acre property East of Immokalee
Blvd and North of Oil Well Rd to the East of the Collier County Fairgrounds. The facility will provide an
Aquatics Center, Community Center, Athletic Fields, Event Lawn, Playground, Basketball and Racquet
courts, and walking paths for the community.
FISCAL IMPACT: Exhibit A identified up to $40M for this project, the costs for Phase I and II for
Design, CEI and Construction are actual and estimated below.
Design CEI Services Construction Cost*
Phase I $3,631,979 $1,932,314 $51,100,000 (90% estimate)
Phase II $ 0749,176 $900,000 (estimate) $15M to $30M (estimate)
* The construction is not out to bid yet.
Prepared by: Leandro Goicoechea, Sr. Project Manager, Facilities Management
ATTACHMENT(S)
1. ISCOC Project Checklist - BCIRP (PDF)
2. February 6th - BCIRP - Committee Meeting 2.06.2019 (PPTX)
8.B.1
Packet Pg. 114
02/06/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.1
Doc ID: 7947
Item Summary: To validate the proposed expenditures for the design, CEI, and the construction
for the Big Corkscrew Island Regional Park.
Meeting Date: 02/06/2019
Prepared by:
Title: Manager - Technical Systems Operations – Administrative Services Department
Name: Michael Cox
01/31/2019 4:34 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/31/2019 4:34 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 02/05/2019 9:31 AM
County Manager's Office Heather Yilmaz Review Item Completed 02/05/2019 11:14 AM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/05/2019 11:20 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 02/05/2019 11:21 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 02/05/2019 11:52 AM
County Attorney's Office Heather Yilmaz Additional Reviewer Skipped 02/05/2019 12:39 PM
CMO Heather Yilmaz Review Item Completed 02/05/2019 1:15 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/06/2019 9:00 AM
8.B.1
Packet Pg. 115
Project #:
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (Design, CEI and Construction)
And/Or Expenditure is related to Energy Efficiency Improvement as follows:
Improvement that reduces energy consumption
Air sealing
Insulation
Energy efficient HV/AC systems or ventilation systems
Solar panels
Modifications to increase use of daylight or shade
Window replacements
Energy efficient control systems
Electric vehicle charging equipment
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Ground lease with public or private person for the construction of residential housing affordable
to individuals whose total annual household income does not exceed 120% of area median
income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
8.B.1.a
Packet Pg. 116 Attachment: ISCOC Project Checklist - BCIRP (7947 : Big Corkscrew Island Regional Park)
Validation of Expenditures for
Design, CEI and Construction for Big
Corkscrew Island Regional Park
Project #80039
Leandro Goicoechea, PE, MEM
Senior Project Manager
Facilities Management Division, PUD
February 6, 2019
Collier County | Florida
8.B.1.b
Packet Pg. 117 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Objective
u To validate the expenditures for the design,Construction
Engineering and Inspection Services (CEI),and the construction
for the Big Corkscrew Island Regional Park;to ensure that this
project meets the requirements of F.S.212.055,conforms to the
definition of Infrastructure,and is an eligible project in line with
County Ordinance 2018-21 and the ballot language within;to
make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
Public Utilities Department 2
8.B.1.b
Packet Pg. 118 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Location Map
Public Utilities Department 3
Immokalee
Immokalee Rd
Naples
Immokalee Rd
Big Corkscrew
Island Regional Park
3
8.B.1.b
Packet Pg. 119 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Location Map
Public Utilities Department 4
8.B.1.b
Packet Pg. 120 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Big Corkscrew Island Regional Park
Public Utilities Department 5
Project
Boundaries
To Immokalee Rd
Oil Well Rd
8.B.1.b
Packet Pg. 121 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Big Corkscrew Island Regional Park
Phase I
Public Utilities Department 6
To Immokalee Rd
8.B.1.b
Packet Pg. 122 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Big Corkscrew Island Regional Park
Phase II
Public Utilities Department 7
8.B.1.b
Packet Pg. 123 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Project Budget
u Design:
–Phase I: $3,631,979
–Phase II: $ 749,176
u CEI Services:
–Phase I: $1,932,314
–Phase II: $ 900,000 (estimate)
u Construction Cost Estimate:
–Phase I: $51,100,000 (90% estimate)
–Phase II: $15M to $30M (estimate)
Public Utilities Department 8
8.B.1.b
Packet Pg. 124 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Schedules
Public Utilities Department 9
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Oct-18 Oct-19
30%DESIGN Jan-19 Mar-19
60%DESIGN Apr-19 Jun-19
90%DESIGN Jun-19 Sep-19
100%DESIGN & BID DOCUMENTS Sep-19 Oct-19
BIDDING PROCESS Dec-19 Jun-20
CONSTRUCTION Jul-20 Sep-21
PH ASE II
ACTIVITY START FINISH
2017 2018 2019 2020 2021
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Mar-17 Nov-18
30%DESIGN Mar-17 Oct-17
60%DESIGN Apr-18 Jun-18
90%DESIGN Au g-18 Dec-18
100%DESIGN & BID DOCUMENTS Jan-19 Mar-19
BIDDING PROCESS Mar-19 Sep-19
CONSTRUCTION Oct-19 Sep-21
PH ASE I
ACTIVITY START FINISH
2017 2018 2019 2020 2021
8.B.1.b
Packet Pg. 125 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Fiscal Impact
u Exhibit A identified up to $40M for this project.
Public Utilities Department 10
8.B.1.b
Packet Pg. 126 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional
Recommendation
u To validate the expenditures for the design,CEI,and the
construction for the Big Corkscrew Island Regional Park;to
ensure that this project meets the requirements of F.S.212.055,
conforms to the definition of Infrastructure,and is an eligible
project in line with County Ordinance 2018-21 and the ballot
language within;to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
Public Utilities Department 11
8.B.1.b
Packet Pg. 127 Attachment: February 6th - BCIRP - Committee Meeting 2.06.2019 (7947 : Big Corkscrew Island Regional