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Agenda 01/12/2021 Item #17G (Re-establishing the Prodctivity Committee)Proposed Agenda Changes Board of County Commissioners Meeting January 12, 2021 Continue Item 9A to the January 26, 2021 BCC Meeting: This item requires all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 102.49+ acres of land from the Rural Agricultural (A), Rural Agricultural with Special Treatment Overlay (A-ST), Residential Single Family (RSF-3), and Residential Single Family with Special Treatment Overlay (RSF-3-ST) Districts to the Sabal Bay Mixed Use Planned Unit Development (MPUD) District; and to amend the PUD Document and Master Plan to add 102.49+ acres designated as Tract R9 for residential development; to add 230 dwelling units for a total of 2,229 dwelling units in the MPUD; to revise the master plan and conceptual water management plan; and to add a master site plan for the R9 Tract. The subject property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intracoastal Waterway in Section 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,518.98± acres; and providing an effective date. [PL20190002305] (Commissioner Taylor’s request) Add-On Item 10A: To hear the report of the BCC Subcommittee for County Manager Hiring. (Commissioner McDaniel’s request) Move Item 16F4 to Item 11D: Recommendation to approve the use of individual impact fee rates, calculated for the proposed ULINE facility at City Gate, in accordance with the provisions of Section 74-202(k) of the Collier County Code of Laws and Ordinances. (Commissioner Taylor’s request) Move Item 17G to Item 9B: Recommendation to adopt an ordinance reestablishing the County Government Productivity Committee. (Commissioner Taylor’s request) Continue Item 17D to the February 23, 2021 BCC Meeting: Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to create the Golden Gate Parkway Overlay District (GGPOD) and eliminate the Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate Downtown Center Commercial Overlay District (GGDCCO), and establish uses, boundaries and design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions; Chapter Two - Zoning Districts and Uses; Chapter 4 - Site Design and Development Standards; Chapter Five - Supplemental Standards; and Chapter 10 - Application, Review, and Decision- 01/12/2021 EXECUTIVE SUMMARY Recommendation to adopt an ordinance reestablishing the County Government Productivity Committee. OBJECTIVE: For the Board of County Commissioners to reorganize and reinstate the County Government Productivity Committee by repealing and replacing Ordinance No. 2017-53, as amended. CONSIDERATIONS: In 1991, Collier County adopted Ordinance No. 91-10 which created the Productivity Committee to review the efficiency of departments of county government under the jurisdiction of the Board of County Commissioners, which ordinance was amended from time to time. The Committee was disbanded by the Board on November 10, 2013, along with a number of other committees that the Board identified as no longer active or necessary. In 2017 the Board adopted Ordinance No. 2017-53, re-establishing the Productivity Committee with the following functions: “Upon specific direction by the Board of County Commissioners, the Committee shall evaluate departments and divisions of Collier County Government under the jurisdiction of the Board of County Commissioners to determine if those departments and divisions are operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of Collier County. Once directed by the Boar d of County Commissioners, the Committee shall analyze and review the existing structure, organization, staffing, management, operations, business practices, and procedures of the departments and divisions identified by the Board of County Commissioners.” The Productivity Committee was originally formed to evaluate departments and divisions of county government to determine if those departments and divisions are operating at appropriate levels of efficiency. The objective was to assure the County’s taxpayers that their tax dollars are being used in an appropriate manner and the Board of County Commissioners is taking all reasonable steps to avoid waste of tax dollars. The primary difference between the current ordinance and the proposed ordinance is that under the current ordinance the Committee has no ongoing function absent specific Board direction. The proposed ordinance gives the Committee the ongoing mission to evaluate County departments without specific direction by the Board. To that end I am proposing that the Productivity Committee be reconstituted to meet the original vision of the committee. To meet this goal, I am proposing that the Board repeal and replace the current Productivity ordinance with a new one. The proposed ordinance provides the following functions, powers and duties of the Productivity Committee: “The Committee shall evaluate departments and divisions of county government under the jurisdiction of the Board of County Commissioners and determine if those departments and divisions are operating at appropriate levels of efficiency. The objective is to assure the County’s taxpayers that their tax dollars are being used in an appropriate manner and the Board of County Commissioners is taking all reasonable steps to avoid waste of tax dollars. It is expected that only two or three departments or divisions will be evaluated in any given year, and that the Committee shall rotate departments so that each department or division is reviewed on a regular basis. In addition to this primary function, the Committee shall take on various assignments as directed by the Board of County Commissioners.” The current membership of the Productivity Committee is as follows: 17.G Packet Pg. 2203 01/12/2021 1. James Gibson (District 1) 2. Michael Dalby (District 2) 3. Ron Kezeske (District 3) 4. Larry Magel (District 4) 5. Jill Rosenfeld (District 5) 6. Gerald Godshaw (at large) 7. Michael Lyster (at large) To help ensure that the Board is comprised of the most qualified applicants, the newly reorganized Productivity Committee will consist of nine at-large members. To ensure continuity, terms will be staggered. I believe that the current members are all highly qualified and I would encourage them to reapply for the new Committee. I have intentionally expanded the number of se ats on the Committee to ensure that there is room on the Committee for the existing members, leaving two seats open for additional qualified candidates. FISCAL IMPACT: Cost of advertising is $595, which was authorized by the Board on December 8, 2020 under agenda item 16H1. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance reestablishing the Productivity Committee. PREPARED BY: Commissioner Burt L. Saunders, District 3 AGENDA DATE: January 12, 2021 ATTACHMENT(S) 1. Ordinance - reestablish Productivity Committee - lined draft (PDF) 2. legal ad - ID 14447 (PDF) 17.G Packet Pg. 2204 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.G Doc ID: 14447 Item Summary: Recommendation to adopt an ordinance reestablishing the County Government Productivity Committee. Meeting Date: 01/12/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 12/10/2020 1:51 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 12/10/2020 1:51 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 12/15/2020 10:46 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/15/2020 10:51 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/29/2020 10:14 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/29/2020 1:39 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/31/2020 9:27 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 17.G Packet Pg. 2205 [95.0361/1580949/1] 1 ORDINANCE NO. 2021 - _____ 1 2 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 3 2017-53, AS AMENDED, THE COLLIER COUNTY PRODUCTIVITY 4 COMMITTEE ORDINANCE, BY RECONSTITUTING THE COUNTY 5 GOVERNMENT PRODUCTIVITY COMMITTEE; PROVIDING FOR 6 APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF 7 OFFICE; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING 8 FOR OFFICERS, QUORUM, AND RULES OF PROCEDURE; 9 PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR 10 THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; 11 PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER’S 12 OFFICE AND THE CLERK OF COURTS; PROVIDING FOR REPEAL OF 13 ORDINANCE NOS. 2017-53 AND 2018-10; PROVIDING FOR CONFLICT 14 AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 15 LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE 16 DATE. 17 18 19 WHEREAS, on January 29, 1991, the Board of County Commissioners (Board) adopted 20 Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee) 21 to review the efficiency of departments of County government under the jurisdiction of the Board; 22 and 23 WHEREAS, over the years, both that Ordinance and the Committee’s functions have been 24 amended numerous times, and the Committee has been eliminated and reestablished; and 25 WHEREAS, the Board desires to reconstitute the Productivity Committee to meet its 26 original goals and objectives, thus assuring the County’s taxpayers that all options to conserve tax 27 dollars are being explored and that tax dollars are being used responsibly. 28 29 NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 31 32 SECTION ONE: Reestablishment of the County Government Productivity Committee. 33 The County Government Productivity Committee (the “Committee”) is hereby 34 reestablished to review the efficiency of departments of county government under the jurisdiction 35 of the Board of County Commissioners as well as from time-to-time to take on various assignments 36 as directed by the Board of County Commissioners. 37 17.G.1 Packet Pg. 2206 Attachment: Ordinance - reestablish Productivity Committee - lined draft (14447 : Recommendation to adopt an ordinance reestablishing the [95.0361/1580949/1] 2 SECTION TWO: Appointment and Composition. 38 The Committee shall be composed of nine members. In keeping with Ordinance 01-55, as 39 amended, the County Advisory Board Ordinance, members of the Committee shall be appointed 40 by and serve at the pleasure of the Board of County Commissioners. Said members shall be 41 permanent residents and electors of Collier County. 42 43 SECTION THREE: Terms of Office. 44 The initial terms of office of the Committee members shall be as follows: 45 A. Four members shall serve an initial term of one year. 46 B. Five members shall serve an initial term of two years. 47 Thereafter, each appointment or re-appointment shall be for a term of two (2) years. 48 Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired 49 term of office. 50 51 SECTION FOUR: Removal from Office 52 Removal of members from the County Government Productivity Committee shall be in 53 accordance with the provisions of Collier County Ordinance No. 2001-55, as amended; however, 54 any member of the Committee may be removed from the Committee, with or without cause, by a 55 majority vote of the Board of County Commissioners. 56 57 SECTION FIVE: Officers; Quorum; Rules of Procedure. 58 A. Annually the members of the Committee shall elect a chairman and vice chairman from 59 among the members. Officers’ terms shall be for one (1) year with eligibility for re-election. 60 B. The presence of five or more members shall constitute a quorum of the Committee 61 necessary to take action and transact business. In addition, an affirmative vote of five or more 62 members shall be necessary in order to take official action, regardless of whether five or more 63 members of the Committee are present at the meeting. 64 C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure 65 or guidelines for the transaction of business and shall keep a written record of meetings, 66 resolutions, findings and determinations. Any such rules of procedure or guidelines are subject to 67 approval by the Board of County Commissioners. 68 17.G.1 Packet Pg. 2207 Attachment: Ordinance - reestablish Productivity Committee - lined draft (14447 : Recommendation to adopt an ordinance reestablishing the [95.0361/1580949/1] 3 SECTION SIX: Reimbursement of Expenses. 69 Members of the Committee shall serve without compensation but shall be entitled to 70 receive reimbursement for expenses reasonably incurred in the performance of their duties upon 71 prior approval of the Board of County Commissioners. 72 73 SECTION SEVEN: Functions, Powers and Duties of the Committee. 74 The function, powers and duties of the Committee shall be as follows: 75 A. The Committee shall evaluate departments and divisions of county government under the 76 jurisdiction of the Board of County Commissioners and determine if those departments and 77 divisions are operating at appropriate levels of efficiency. The objective is to assure the County’s 78 taxpayers that their tax dollars are being used in an appropriate manner and the Board of County 79 Commissioners is taking all reasonable steps to avoid waste of tax dollars. It is expected that only 80 two or three departments or divisions will be evaluated in any given year, and that the Committee 81 shall rotate departments so that each department or division is reviewed on a regular basis. In 82 addition to this primary function, the Committee shall take on various assignments as directed by 83 the Board of County Commissioners. 84 B. The Committee may establish subcommittees who are each assigned a specific department 85 or division to review. 86 C. The Committee shall prepare a report of findings and recommendations to be submitted 87 directly to the Board of County Commissioners at the last Commission meeting prior to June 1 of 88 each year; provided, however, that such report and recommendations shall be submitted to the 89 County Manager’s Office by May 1 of each year to provide an opportunity for Staff review. 90 D. Committee meetings shall be open to the public. 91 92 SECTION EIGHT: Duties of the County Manager’s Office and the Clerk of Courts. 93 The County Manager’s Office will provide such documentation, information, descriptions 94 of procedures, administrative support and general assistance to the Committee as may be necessary 95 for the Committee to carry out its functions as set forth herein. 96 The Clerk of Courts may provide the Committee with technical assistance relating to the 97 Committee’s reviews. 98 99 17.G.1 Packet Pg. 2208 Attachment: Ordinance - reestablish Productivity Committee - lined draft (14447 : Recommendation to adopt an ordinance reestablishing the [95.0361/1580949/1] 4 SECTION NINE: Repeal of County Ordinance Nos. 2017-53 and 2018-10 100 This Ordinance is intended to repeal and replace County Ordinance Nos. 2017-53 and 101 2018-10, which are hereby repealed in their entirety. 102 103 SECTION TEN: CONFLICT AND SEVERABILITY. 104 In the event this Ordinance conflicts with any other ordinance of Collier County or other 105 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 106 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 107 separate, distinct and independent provision and such holding shall not affect the validity of the 108 remaining portion. 109 SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 110 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 111 Ordinance of Collier County, Florida. The sections of the Ordinances may be renumbered or 112 relettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” 113 or any other appropriate word. 114 SECTION TWELVE: EFFECTIVE DATE 115 This Ordinance shall become effective upon filing with the Florida Department of State. 116 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 117 County, Florida, this _______ day of _______________________, 2021. 118 ATTEST: BOARD OF COUNTY COMMISSIONERS 119 CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 120 121 122 By: _________________________ By: _______________________________ 123 , Deputy Clerk , Chairman 124 125 Approved as to form and legality: 126 127 ______________________________ 128 Jeffrey A. Klatzkow, County Attorney 129 17.G.1 Packet Pg. 2209 Attachment: Ordinance - reestablish Productivity Committee - lined draft (14447 : Recommendation to adopt an ordinance reestablishing the 17.G.2 Packet Pg. 2210 Attachment: legal ad - ID 14447 (14447 : Recommendation to adopt an ordinance reestablishing the County Government Productivity