Agenda 11/12/2019 Item #16K 7 (Advertise the Infrastructure Surtax Citizen Oversight Committee)11/12/2019
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise, and bring back for public hearing, an
Ordinance amending Ordinance No. 2018-21, in order to codify the Board’s appointment of
alternate members of the Infrastructure Surtax Citizen Oversight Committee.
OBJECTIVE: To conform Ordinance No. 2018-21 to the Board’s appointment of alternate members to
the Infrastructure Surtax Citizen Oversight Committee.
CONSIDERATIONS: On April 24, 2018, the Board of County Commissioners adopted Ordinance No.
2018-21, which authorized a one percent local government infrastructure surtax. The Ordinance also
created the Infrastructure Surtax Citizen Oversight Committee, to be composed of seven members.
On January 8, 2019, under agenda item 12A, the Board appointed the initial Committee membership.
Based on the large number of highly qualified candidates, the Board added two alternate members to the
Committee, which has functioned admirably.
The proposed ordinance amendment is intended to formalize the addition of the two alternates to the
Committee as well as clarifying their terms of membership and voting status. The timing of the
amendment is based on my expectation that I will be coming to the Board in or around December with
recommendations of appointments to this Committee to fill vacant positions, which are currently being
advertised. Until then, there was no pressing need to amend the ordinance.
FISCAL IMPACT: The estimated cost to advertise the proposed amendment is $500.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority support for approval. -JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back for public hearing
an Ordinance amending Ordinance No. 2018-21, in order to codify the Board’s appointment of alternate
members to the Infrastructure Surtax Citizen Oversight Committee.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Ordinance - amending 2018-21 (PDF)
2. BCC Minutes 01.08.2019 Item 12A (PDF)
3. ISCOC membership list (PDF)
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11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 10744
Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for
public hearing, an Ordinance amending Ordinance No. 2018-21, in order to codify the Board’s
appointment of alternate members of the Infrastructure Surtax Citizen Oversight Committee.
Meeting Date: 11/12/2019
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
11/01/2019 4:45 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
11/01/2019 4:45 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 11/01/2019 4:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/04/2019 8:06 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/04/2019 10:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2019 2:55 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/05/2019 11:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
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ORDINANCE NO. 2019 -_____ 1
2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 3
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21, 4
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE 5
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE. 6
7
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted 8
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax, 9
which was approved by County voters by referendum election on November 6, 2018; and 10
WHEREAS, Section Seven of Ordinance No. 2018-21 provided for citizen oversight of the 11
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure 12
Surtax Citizen Oversight Committee (Committee), comprised of seven members; and 13
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the 14
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint 15
two alternate members to the Committee, in addition to the seven voting members described in 16
Ordinance No. 2018-21; and 17
WHEREAS, the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the 18
alternate members. 19
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 20
Collier County, Florida, that: 21
22
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21. 23
Section Seven, Infrastructure Surtax Citizen Oversight Committee, of Ordinance No. 2018-24
21 is hereby amended as follows: 25
(a) Creation. Upon the approval of the Surtax by the electors of Collier County, the 26
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee (“Committee”) 27
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as 28
possible after the Surtax becomes effective, but not later than the date on which the funds are first 29
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. 30
(b) Composition. The Committee shall be comprised of seven (7) members and two 31
(2) alternate members. There shall be one (1) member appointed from each County District, and 32
two (2) at-large members. Upon confirmation that said individuals meet the requirements herein, 33
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the Board shall appoint said individuals to this Committee. Appointment of positions, unless 34
otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be 35
amended, or by its successor ordinance. 36
(c) Membership Qualifications. All members shall have the following qualifications: 37
(1) Member shall be a resident of Collier County; 38
(2) Member shall not be an elected official; 39
(3) Member shall not be a current employee of any governmental body within 40
Collier County; 41
(4) Special consideration shall be given to nominees that have financial or 42
business management backgrounds and experience; and 43
(5) Member shall meet the qualifications set forth in Collier County Ordinance 44
No. 2001-55, as may be amended or its successor ordinance. 45
(d) Term. The initial terms for the at-large seats shall be one year; the remainder of the 46
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms 47
thereafter for each District seat and for the alternate seats shall be for two years or until the 48
Committee sunsets. All members shall be eligible for reappointment upon the expiration of their 49
term. Upon resignation or removal of a member from a seat, that seat will be filled for the 50
remainder of its term. 51
(e) Removal. Removal of members from the Committee shall be in accordance with 52
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor 53
ordinance. 54
(f) Sunset. The Committee shall sunset and terminate without further action by the 55
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the 56
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall 57
prepare a final report to the Board with its findings and recommendations. 58
(g) Duties. The Committee shall have the responsibility to review the expenditure of 59
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The 60
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the 61
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) 62
have a positive recommendation by this Committee, and (3) fall within the projects and categories 63
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identified. The Committee shall not recommend alternative projects, unless requested by the 64
Board. 65
(h) Officer; Meetings; Quorum; Rules of Procedure. 66
(1) Annually the members of the Committee shall elect a chairperson and vice 67
chairperson from among the members. The chairperson’s and vice chairperson’s terms in such 68
positions shall be for one (1) year with eligibility for re-election by the members of the Committee. 69
(2) The Committee shall meet monthly, or as otherwise needed to fulfill their 70
duties and responsibilities. 71
(3) The presence of at least five (5) members shall constitute a quorum of the 72
Committee necessary to take action and transact business. In addition, an affirmative vote of a 73
super majority (majority present plus one) shall be necessary in order to take official action. An 74
alternate member shall vote only in the absence, disqualification or abstention of a regular 75
Committee member. Furthermore, by simple majority vote, but never with less than 5 members 76
present, the Committee shall adopt rules of procedure for its meetings, and thereafter shall be 77
governed by its procedures, as amended from time to time. 78
(4) The Committee shall keep a written record of meetings, resolutions, 79
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits 80
shall be submitted to the Board. The Committee shall submit an annual report of its findings and 81
recommendations to the Board. 82
(i) Reimbursement of Expenses. Committee members shall receive no compensation 83
for the performance of their duties, but shall be entitled to receive reimbursement for expenses 84
reasonably incurred in the performance of their duties upon prior approval by the Board. 85
(j) Duties of the County Manager’s Office. The County Manager’s Office will provide 86
such documentation, information, descriptions of procedures, secretarial support and general 87
assistance to the Committee as may be necessary for the Committee to carry out its functions as 88
set forth herein. 89
(k) The Committee, its members, and all its proceedings shall be governed by and 90
comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida 91
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, 92
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. 93
94
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SECTION TWO: CONFLICT AND SEVERABILITY. 95
In the event this Ordinance conflicts with any other Ordinance of Collier County or other 96
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 97
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 98
separate, distinct and independent provision and such holding shall not affect the validity of the 99
remaining portion. 100
101
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 102
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 103
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-104
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 105
any other appropriate word. 106
107
SECTION FOUR: EFFECTIVE DATE. 108
This Ordinance shall be effective upon filing with the Department of State. 109
110
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 111
County, Florida, this ______ day of ________________, 2019. 112
113
ATTEST: BOARD OF COUNTY COMMISSIONERS 114
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA 115
116
117
By: _____________________________ By: _____________________________ 118
, Deputy Clerk William L. McDaniel, Jr., Chairman 119
120
121
122
Approved as to form and legality: 123
124
_______________________________ 125
Jeffrey A. Klatzkow, County Attorney 126
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Packet Pg. 2487 Attachment: Ordinance - amending 2018-21 (10744 : Permission to advertise amendment to Ord. 18-21 regarding the Infrastructure Surtax
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Packet Pg. 2504 Attachment: BCC Minutes 01.08.2019 Item 12A (10744 : Permission to advertise amendment to Ord. 18-21 regarding the Infrastructure Surtax
Name Home Phone
Appt'd Exp. Date Term
DateRe-appt 2ndExpDate 2nd Term
Work Phone
Infrastructure Surtax Citizen Oversight Committee
01/08/19 01/12/21 2 Years
4520 Benfield Rd
District 1 Representative
1District:
Category:
Mr. Jacob Winge
Naples, FL 34114
() 331-6501
E-Mail:jacobwingecr@gmail.com
01/08/19 01/12/21 2 Years
442 Palm River Blvd
District 2 Representative
2District:
Category:
Mr. Stephen Osborne
Naples, FL 34110
() 254-8161
E-Mail:sosborne@mo-cpa.com
01/08/19 01/12/21 2 Years
4040 1st Ave SW
District 3 Representative
3District:
Category:
Mr. Ronald A. Kezeske
Naples, FL 34119
() 963-5063
E-Mail:ronkezeske@gmail.com
01/08/19 01/12/21 2 Years
2551 Estey Ave, C2
District 4 Representative
4District:
Category:
Mr. Justin Land
Naples, FL 34104
() 272-9537
E-Mail:jsl@wasmerschroeder.com
01/08/19 01/12/21 2 Years
3893 11th Ave SW
District 5 Representative
5District:
Category:
Ms. Beth Rozansky
Naples, FL 34117
(941) 330-5506
E-Mail:beth.a.rozansky@gmail.com
Friday, March 22, 2019 Page 1 of 3
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16.K.7.c
Packet Pg. 2505 Attachment: ISCOC membership list (10744 : Permission to advertise amendment to Ord. 18-21 regarding the Infrastructure Surtax Oversight
Name Home Phone
Appt'd Exp. Date Term
DateRe-appt 2ndExpDate 2nd Term
Work Phone
Infrastructure Surtax Citizen Oversight Committee
01/08/19 01/12/20 1 Year
3200 Binnacle Dr., #A4
At-Large
4District:
Category:
Ms. Juliana Meek
Naples, FL 34103
() 262-3025
E-Mail:juliana@harmonmeek.com
01/08/19 01/14/20 1 Year
634 Coldstream Ct
At-Large
4District:
Category:
Mr. Scott Lepore
Naples, FL 34104
() 250-2800
E-Mail:scottlepore@comcast.net
01/08/19 01/12/21 2 Years
265 St. James Way
Alternate
4District:
Category:
Mr. Jim Delony
Naples, FL 34104
() 289-1102
E-Mail:delonyjim@gmail.com
01/08/19 01/12/21 2 Years
13716 Luna Drive
Alternate
2District:
Category:
Ms. Jamie Andersen
Naples, FL 34109
() 398-0836
E-Mail:jamie.swfl@gmail.com
Friday, March 22, 2019 Page 2 of 3
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Packet Pg. 2506 Attachment: ISCOC membership list (10744 : Permission to advertise amendment to Ord. 18-21 regarding the Infrastructure Surtax Oversight
Name Home Phone
Appt'd Exp. Date Term
DateRe-appt 2ndExpDate 2nd Term
Work Phone
Infrastructure Surtax Citizen Oversight Committee
This ad hoc committee was created by Ordinance No. 2018-21, for the purpose of providing for
citizen review of the expenditure of the surtax proceeds by the County. Membership is composed
of seven regular members (one resident from each of the five Commission districts and two
members at-large) and two alternate members. Members should have financial or business
management backgrounds and experience, and may not be elected officials or current
government employees. Initial terms for at-large members shall be one year, and the remainder
of the at-large terms, and all district seat terms and alternate terms, shall be two years.
Thereafter, all terms are two years.
This committee shall sunset on December 31, 2025, or if all surtax proceeds are expended prior
to that date, within two months of the final expenditure of all the surtax proceeds collected by the
County.
Geoff Willig: 252-8369Staff:
FL STAT:
Friday, March 22, 2019 Page 3 of 3
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Packet Pg. 2507 Attachment: ISCOC membership list (10744 : Permission to advertise amendment to Ord. 18-21 regarding the Infrastructure Surtax Oversight