Ordinance 2019-46 ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
(a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
(b) Composition. The Committee shall be comprised of seven (7) members and two
(2) alternate members. There shall be one (1) member appointed from each County District, and
two (2) at-large members. Upon confirmation that said individuals meet the requirements herein,
Words Underlined are added;Words Stfuele-Thcough are deleted.
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the Board shall appoint said individuals to this Committee. Appointment of positions, unless
otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be
amended, or by its successor ordinance.
(c) Membership Qualifications. All members shall have the following qualifications:
(1) Member shall be a resident of Collier County;
(2) Member shall not be an elected official;
(3) Member shall not be a current employee of any governmental body within
Collier County;
(4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
(5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
(d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat and for the alternate seats shall be for two years or until the
Committee sunsets. All members shall be eligible for reappointment upon the expiration of their
term. Upon resignation or removal of a member from a seat, that seat will be filled for the
remainder of its term.
(e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
(f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
(g) Duties. 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
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
Words Underlined are added; Words StFuek—Thfeugh are deleted.
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identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
(h) Officer; Meetings; Quorum; Rules of Procedure.
(1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1) year with eligibility for re-election by the members of the Committee.
(2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
(3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. Furthermore, by simple majority vote, but never with less than 5 members
present, the Committee shall adopt rules of procedure for its meetings, and thereafter shall be
governed by its procedures, as amended from time to time.
(4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
(i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
(j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
(k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law, Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
Words Underlined are added; Words Struck Through are deleted.
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SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of .x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- ". :a":414,. as_kii By:61) Air
t ,,r =r eir Clerk Wi am L. McDaniel, Jr., Chairman
A .sign-are only.
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Appro .d . r i form and legality:
4101�� This ordinance filed with the
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Jeffrey . atzkow, County Attorney
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us