Agenda 11/12/2013 Item #16K3Proposed Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Add On Item 11D: Recommendation to approve an emergency declaration extending the hours associated
with excavation and hauling activities for Stewart Mine in order to facilitate the expedited completion of the
current beach renourishment project. (Staff request)
Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to
advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer
District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility
with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request)
Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density Bonus
liens due to properties being sold at less than the original purchase price. (Staffs request)
Continue Item 16D11 to December 10, 2013 BCC Meetine: Recommendation to approve three (3)
Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012-
2013 HUD Annual Action Plans approved by the Board on October 8, 2013. (Staffs request)
Move Item 16F1 to Item 11F: Recommendation to approve the selection and contract of Aviareps for
tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved
contract, and make a finding that this expenditure promotes tourism. (Commissioner Henning's request)
Move Item 16K3 to Item 12B: Recommendation the Board of County Commissioners
adopts the attached Resolution to amend the current policy regarding reimbursement
of travel and expenses incurred by County Commissioners in the performance of their
official duties. (Commissioner Coyle and Commissioner Fiala's separate requests)
Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which
created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the
Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the
Marco Island Vision Planning Advisory Committee, and the County Government Productivity
Committee. (Commissioner Coyle's request)
Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier
County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance,
providing for modifications directed by the Board of County Commissioners related to a change in the
timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and
Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial
Redevelopment" and including additional minor updates or corrections related to "Adult Only
Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland
Water District. (Staffs request)
Agenda Changes
Board of County Commissioners Meeting
November 12, 2013
Page 2
Note:
Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read:
If an Event of Default occurs, then the Division amy shall, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively. (State's request)
Time Certain Items:
Item 12A to be heard at 11:00 a.m.
Item 11C to be heard at 2:30 p.m.
Item 11E to be heard immediately following Item 9D
11/12/2013 16.K.3.
� EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts the attached Resolution
to amend the current policy regarding reimbursement of travel and expenses incurred by
County Commissioners in the performance of their official duties.
OBJECTIVE: To reduce administrative costs and burdens, to clarify existing budget practice,
and to fairly allocate travel and expenses incurred by Commissioners in the performance of their
duties.
CONSIDERATIONS:
This item is a result of a discussion I had with Commissioner Henning.
Together, Board Resolutions 93-43 and 99-410 define the types of reimbursable travel
and expenses incurred by Commissioners on County business. Resolution No. 99-410 requires
that all requests for reimbursement of expenses incurred by Commissioners in attending
community functions be brought to the Board for a finding that such expenditures served a valid
public purpose. Such requests are set forth on the agenda as a consent item (16H). Since that
time rarely, if ever, has an item been pulled for discussion. The great majority of these requests
have been for a nominal amount, and all of these agenda item requests require staff time.
This is not an issue of "transparency," as all of these requests constitute public records
available to anyone with an interest. Nor is this an expansion of existing reimbursable costs, as
these two prior Board resolutions, which defined what is being reimbursed, are being
incorporated into the proposed Resolution. This is an issue of reducing administrative costs for a
process that has little, if any, public benefit, to clarify existing budget practice, and to fairly
allocate travel and expenses incurred by Commissioners in the performance of their duties.
I am proposing the following:
1. Each Commissioner would be given an annual budget for reimbursement of travel
and other expenses incurred by the Commissioner or their aide related to attendance at
community functions and for County Business as defined in the same manner as in prior Board
Resolutions.
2. The Board would establish a separate budget to be used by any Commissioner for
reimbursement of expenses incurred by the Commissioner or their aide related to travel, County
Business and/or attending community functions when a Commissioner has been appointed by the
Board to represent the Board on a regional or state board or committee or to represent the Board
at a meeting with any local, state or federal agency or special interest group.
3. All requests for reimbursement would be by the standard form used by the County
Manager's Agency, would contain an attestation by the Commissioner that such expenses served
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a valid public purpose, and would be made directly to Finance. Board approval of any such
expense shall no longer be required.
4. Board Resolutions 93-43 and 99 -410, having been being incorporated into the
proposed Resolution, would then be repealed. The only substantive amendment is that the
request for reimbursement for attending Community functions would go directly to Finance for
payment, rather than appear as a separate agenda item. Please note that all requests for
reimbursement of travel and expenses, whether they are staff requests or Board requests, are
already reviewed by Finance to ensure that they meet all State and local requirements.
FISCAL IMPACT: Reduced administrative costs.
GROWTH MANAGEMENT FAFACT: None.
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
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Resolution and amends the current policy regarding reimbursement of travel and expenses of
County Commissioners.
Prepared by: Jeffrey A. Klatzkow, County Attorney
Attachments: Board Resolutions 93-43 and 99-410
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation that the Board of County Commissioners adopts the
attached Resolution to amend the current policy regarding reimbursement of travel and
expenses incurred by County Commissioners in the performance of their official duties.
Meeting Date: 11/12/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
11/1/2013 4:02:29 PM
Submitted by
n Title: Executive Aide to the BCC
Name: SmithCamden
11/1/2013 4:02:30 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 9:26:22 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/4/2013 10:47:35 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/4/2013 12:03:51 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2013 12:59:16 PM
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RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REAFFIRMING WHAT CONSTITUTES
REIMBURSEABLE COMMISSIONER TRAVEL AND EXPENSES AS
SET FORTH IN RESOLUTION NOS. 9343 AND 99 -410; ADOPTING A
SIMPLIFIED PROCEDURE FOR REIMBURSEMENT OF TRAVEL AND
EXPENSES OF COUNTY COMMISSIONERS; ESTABLISHING
SEPARATE BUDGETS FOR REIMBURSABLE TRAVEL AND
EXPENSES DEPENDENT UPON WHETHER THEY WERE
GENERATED BY THE COMMISSIONER IN THEIR INDIVIDUAL
CAPACITY OR AS AN APPOINTED REPRESENTATIVE OF THE
BOARD OF COUNTY COMMISSIONERS; AND REPEALING
RESOLUTION NOS. 9343 AND 99410.
WHEREAS, for reimbursement purposes, all travel for public officials and county staff
must be in accordance with Florida Statutes Section 112.061; and
WHEREAS, Resolution No. 93-43 defined in- county travel for which the Board of
County Commissioners may seek payment and reimbursement; and
WHEREAS, Resolution No. 99410 authorized as serving a valid public purpose ^
expenditures of funds for County Commissioners to attend community functions in order to
gather information about County issues and receive input from the public; and
WHEREAS, the Board wishes to reaffirm what constitutes reimbursable travel and
expenses as set forth in these resolutions, adopt a simplified procedure for reimbursement of
such expenses, and establish separate budgets for reimbursable travel and expenses dependent
upon whether they were generated by the Commissioner in their individual capacity or as an
appointed representative of the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby finds that it serves a valid public purpose for members of the
Board of County Commissioners to attend community functions in order to gather information
about County issues and receive input from the public; and
2. The Board of County Commissioners hereby defines the following in- county and
out -of- county travel for "County Business" as serving a valid public purpose:
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^ a. Travel to the site of County property, a County facility or a site subject to
future action by the County.
b. Travel to a meeting with staff, constituents, organizations, or business
groups or entities which is held at a location other than the government
complex property.
C. Travel for participation in a radio, television or other media related
activity.
d. Other travel which is justifiable as occurring in the normal course of
County Business and which is clearly being conducted for public business
purposes.
e. Travel to attend a board, committee or commission meeting to which the
Commissioner has been appointed by the Board of County Commissioners
or to meet with lobbyists and legislatures related to County business.
3. A Board member may seek reimbursement for the payment of expenses incurred
by that Board member for participation in any of the functions or matters set forth above and the
Board hereby establishes the following procedures for reimbursement of such expenditures:
a. Each Commissioner shall be given an annual budget for reimbursement of
travel and other expenses incurred by the Commissioner or their aide
related to their attendance at community functions and for County
Business as defined above.
b. The Board shall establish a separate budget to be used by any
Commissioner for reimbursement of expenses incurred by the
Commissioner or their aide related to travel, County Business and/or
attending community functions when a Commissioner has been appointed
by the Board to represent the Board on a regional or state board or
committee or to represent the Board at a meeting with any local, state or
federal agency or special interest group.
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C. All requests for reimbursement shall be by the standard form used by the
County Manager's Agency, shall contain an attestation by the
Commissioner that such expenses served a valid public purpose, and shall
be made directly to Finance. Board approval of any such expense shall
not be required.
4. Board Resolutions Nos. 9343 and 99-410 are hereby repealed.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this day of 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
3
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RESOLUTION NO. 93 - 43
RESOLUTION DEFINING IN- COUNTY
TRAVEL FOR WHICH THE BOARD OF
COUNTY COMMISSIONERS MAY SEEK
PAYMENT /REIMBURSEMENT
WHEREAS, Section 112.061, Florida Statutes, establishes
guidelines for the payment /reimbursement of travel expenditures,
including mileage charges, for county business and is equally
applicable to elected officials and appointed members; and
WHEREAS, the County has established a travel
payment/ reimbursement policy applicable to all government
employees and the Board of County Commissioners for travel
related to county business; and
WHEREAS, the Board of County Commissioners is desirous of
clarifying and delineating instances of in- county travel which
would be appropriate for travel reimbursement in accordance with
Section 112.061, Florida Statutes.
NOW, THEREFORE, BE IT. RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1., The Board of County Commissioners hereby determines
that the following categories of in- county travel are for "county
business" and the individual Board members may seek
reimbursement for such travel in accordance with Section 112.061,
Florida Statutes:
a. Travel to the site of County property, a County
facility or a site subject to future action by the
County;
b. Travel to a meeting with staff,
constituents,
organizations, or business groups or entities which
is held at a
location other than the government complex property;
c. Travel for participation on a radio
or television
talk show or related activity; and
d. Other travel which is justifiable as
occurring in
•
the normal course of county business and which is
clearly being
conducted for public business purposes.
2. The Board specifically recognizes
that this
Resolution is intended to address only in- county
travel other
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than to and from the county courthouse and, further, that nothing
in this Resolution is intended to be inconsistent with or in
contravention of IRS regulations.
This Resolution adopted after motion, second and majority
vote favoring same.
-Dated • „February 9, 1993
ATTEST:
DWIGHT E. BROL�K, Clerk
r 6.
Acved,,as •o .form and
17. legal s'u'fficiency:
Kenneth B. Cuyl
County Attorne�
brAM61 c
BOARD OF COUNTY COMKISSIONERS
COLLIER ! /O�Y /,,FLARIDA
BY: ��L
7. e!
l
BURT. L. SAUUNNDERS, Chairman
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,. RESOLUTION NO. 99. 410
A RESOLUTION AUTHORIZING, AS SERVING A VALID PUBLIC
PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY
'= COMMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL,
BUSINESS, ENVIRONMENTAL, EDUCATIONAL. CHARITABLE,
SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND
CIVIC ASSOCIATIONS/ ORGANIZATIONS.
WHEREAS, Section 112.061, Florida Statutes, establishes guidelines for the payment of
travel and other expenditures for public officers, including assignments of oMcid business
outside the traveler's regular place of employment, and
WHEREAS, it serves a valid public purpose for Board members to attend community
e:•
functions in order to gather information about County issues and receive input from the public;
and,
WHEREAS, it is in the best interests of the public for Board members to attend functions
of the.referenced associations / organizations to keep the public informed as to the legislative
process of the County; and
�. • WHEREAS, the Board desires to clearly specify the categories of travel and attendance at
w°
civic functions which are appropriate for payment in accordance with Florida law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board hereby finds that attendance at the functions listed in paragraph 3 hereof
serves valid public purposes including, but not limited to: communication with the
public, gathering of information about Board issues, and providing feedback to the
public about County matters and the legislative process.
2. The amounts to be expended by the County for Board member attendance and/or
participation in the functions referenced in paragraph 3 shall be budgeted by the
r Board of County Commissioners.
��. 3. A Board member may seek Board approval for the payment for his/her attendance at
functions of fraternal, business, environmental, educational charitable, social,
�;. professional, trade, homeowners, ethnic, and civic associations / organizations,
provided that said functions reasonably relate to Collier County matters. The
attached form entitled 'Request for. Approval for Payment to Attend Functions
Serving a Valid Public Purpose,' may be placed on the Board of County '
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16 J
0001"isli'Mrf Consent Agenda to gain the Uves IMMI for ImPenditure of
County Rinds to Attend Particular rwmtiwL
This Resolution adopted this bi LISFAIL12-i 1999 AftOr Motion, second
and majority vote favoring S&ML
0?ArMV
BOARD OF COUNTY COMMISSIONERS
DWIGHT L BROOK, Clerk COL.,Jqx
COUNry, FLORM A
VIPME9 S. -MACK11
—atest IS:tj chalmm p
-2 S. ME, ChAnNonlan
form and
legal sufficiefter.
J7,
Ramiro maftliw-r-
Chief Assistant County Attorney
V1•
4V
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161_
' COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND
FUNCTTON(S) SERVING A VALID PUBLIC PURPOSE
rts.
1401" IN
Pursuant to Resolution No. 99----, the hoard of County Commissioners has
determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations / organizations serves a valid public purpose, provided that said functions
reasonably relate to Collier County matters.
In accordance with Resolution No. 99-----, Commissioner
hereby requests that the Board of County Commissioners approve for payment by the
Clerk his/her attendance at the following function I event:
Function! Event:
Public Purpose:
Date of Function / Event:
Amount to be paid by the County:
Mileage:
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:l
'4 V.
Pursuant to Resolution No. 99----, the hoard of County Commissioners has
determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations / organizations serves a valid public purpose, provided that said functions
reasonably relate to Collier County matters.
In accordance with Resolution No. 99-----, Commissioner
hereby requests that the Board of County Commissioners approve for payment by the
Clerk his/her attendance at the following function I event:
Function! Event:
Public Purpose:
Date of Function / Event:
Amount to be paid by the County:
Mileage:
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