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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 Packet Pg. 3 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 Packet Pg. 5 Attachment: Advisory Committee Procedures ISCOC February 6, 2019 (7950 : Adoption of Rules of Procedure) 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 Packet Pg. 11 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 Packet Pg. 258 7.C.1 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 Packet Pg. 259 7.C.1 Packet Pg. 13 Attachment: CC-Infrastructure Surtax Citizen Oversight Committee Appointment Executive Summary 20190108 (7951 : Review of 01/08/2019 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 Packet Pg. 260 7.C.1 Packet Pg. 14 Attachment: CC-Infrastructure Surtax Citizen Oversight Committee Appointment Executive Summary 20190108 (7951 : Review of 01/08/2019 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 Packet Pg. 261 7.C.1 Packet Pg. 15 Attachment: CC-Infrastructure Surtax Citizen Oversight Committee Appointment Executive Summary 20190108 (7951 : Review of 1 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 7.C.2 Packet Pg. 16 Attachment: ISCOC Responsibility Clarification Email - Jeff Klatzkow (7951 : Review of Responsibilities and Mission) 2 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. 7.C.2 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. 7.C.3 Packet Pg. 18 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission) Office of Economic and Demographic Research 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 7.C.3 Packet Pg. 19 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission) 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. 7.C.3 Packet Pg. 20 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission) Office of Economic and Demographic Research 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 7.C.3 Packet Pg. 21 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission) 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 7.C.3 Packet Pg. 22 Attachment: Local Government Infrastructure Surtax Section 212.055 (2), Florida Statutes (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 23 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 24 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 25 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 26 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 27 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 28 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 29 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 30 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 7.C.4 Packet Pg. 31 Attachment: Ordinance No 2018-21 last page rotated (7951 : Review of Responsibilities and Mission) 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 Packet Pg. 32 [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. 7.D.1 Packet Pg. 33 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures) [YY-1128/1167753/1] 2 (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. 7.D.1 Packet Pg. 34 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures) [YY-1128/1167753/1] 3 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. 7.D.1 Packet Pg. 35 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures) [YY-1128/1167753/1] 4 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 7.D.1 Packet Pg. 36 Attachment: Sunshine Law & Public Records (7953 : Review of Sunshine Law Procedures) [YY-1128/1167753/1] 5 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