Ordinance 2015-50 ORDINANCE NO. 2015- 5 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," SO AS TO ALLOW FOR
"ELECTRONIC MEETINGS" DURING EMERGENCY SITUATIONS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 22, 1975, the Board of County Commissioners (Board) adopted
Ordinance No. 75-16 which established the time,place and conduct of its meetings; and
WHEREAS, subsequent amendments to Ordinance No. 75-16 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, the Board desires to further amend Ordinance No. 75-16 to specifically
provide the Board with the ability to meet electronically during emergency situations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 75-16, AS
AMENDED.
Section One is hereby amended as follows:
1. Meetings of the Board of County Commissioners:
(a) Regular meetings. The Board of County Commissioners shall normally hold its
regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day
designated as a holiday, interim recess, or as otherwise directed by an affirmative
vote of the majority of all Board members present. Meetings may be postponed or
cancelled by an affirmative vote of the majority of all Board members present.
Meetings shall normally be held at the Collier County Government Center and
shall be open to the news media and the public. Meetings may be held in other
locations within the County.
(b) Special meetings. When the Chairman or a majority of the Board calls a special
meeting, the County Manager or his designee shall notify the Clerk, the County
Attorney, and issue press releases advising of the place, date and hour of the
meeting and the purpose for which the meeting is called.
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cc) Electronic meetings. When a quorum of the Board is unable to meet at the Collier
County Government Center due to extraordinary circumstances, the Chairman or,
in the Chairman's absence, any member of the Board, may call for an electronic
meeting. The electronic meeting shall be conducted by teleconference,
videoconference, or in such other manner as the County Manager deems best
given the existing circumstances and available technologies. The agenda for such
meeting shall be limited to those matters calling for immediate action or attention,
such as a Declaration of a State of Emergency. Prior to hearing the first item on
the agenda,the participating members must first make a finding that extraordinary
circumstances exist to warrant the electronic meeting. If after exercising due
diligence the County Manager is unable to reach three Board members, then in
such event a quorum shall consist of two members of the Board who may
participate electronically. Notice of the Electronic Meeting shall be given in the
same manner as a Special Meeting.
(e d) Agenda. There shall be an official agenda for each meeting of the Board, which
shall determine the order of business conducted at the meeting.
(1) The Board shall not take action upon any matter, proposal, report or item
of business not listed upon the official agenda, unless a majority of the
Board present consents.
(2) The County Manager shall prepare each agenda in appropriate form
approved by the Board. Matters may be placed on the agenda by the
County Manager, any County Commissioner, the Clerk, the County
Attorney, and the constitutional officers. The agenda shall be prepared and
distributed not later than four days preceding the regular meeting.
(3) Prior to the publishing of the agenda, matters placed on the agenda should
include as much supporting documents, information, and materials as is
needed to aid the Board in its preparation and deliberation of the agenda
item. Documents, information and materials will not be accepted by the
Board following publication of the agenda unless offered by a
Commissioner or the County Manager. Should additional documents,
information and materials be presented to the Board following publication,
the Board may, by a majority vote of those present, elect to either continue
the agenda item to a future Board meeting, or waive this requirement and
hear the matter if it determines that the agenda item is of significant public
importance and should not be postponed.
(4) All requests for a continuance of an agenda item, including matters
advertised for a public hearing, require Board of County Commission
approval. No person shall be entitled to rely for any reason upon any
assurances that an agenda item or public hearing will be continued. A
continuance shall only be granted by an affirmative vote of the majority of
the Board Members present.
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(d e) Presiding officer, election, duties. The presiding Chairman and Vice-Chairman
shall be elected by a majority of the members of the Board of County
Commissioners and said election shall occur at the first regularly scheduled Board
meeting in January of each year. In the event that the Chairman and/or the Vice-
Chairman are not reelected as Commissioners in any given year, unless a Special
Meeting is called, the Board of County Commissioners shall elect a Chairman
and/or Vice-Chairman, as applicable, at the first regularly scheduled Board
meeting on or after the second Tuesday after the election to temporarily serve
until the first regularly scheduled Board meeting in January at which time the
scheduled election shall take place. However, the Chairman and the Vice-
Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall
preside in the absence of the Chairman. With respect to all matters outside of
meetings (see subsection (e) below), in the absence of both the Chairman and the
Vice-Chairman, the immediate past Chairman shall act as temporary Chairman,
and if there is no immediate past Chairman, then the longest tenured
Commissioner shall so act. The Chairman shall become the presiding officer
immediately after his or her election. The Chairman shall preserve order and
decorum at all meetings. He shall state every question and announce the decision
of the commission on each item of business. The majority vote of the members
present shall determine all questions of order not otherwise covered. The
Chairman may vote on any question, his or her name being called last. The
Chairman shall sign all ordinances, resolutions and legally binding documents
adopted by the Commission during his or her presence. In his or her absence, such
ordinances, resolutions and legally binding documents shall be signed by the
presiding officer.
(e f) Call to Order. At the hour appointed for the meeting, the Chairman shall
immediately call the Commission to order. In the physical absence of the
Chairman, and the Vice-Chairman, the Board members present shall elect a
temporary Chairman and a temporary Vice-Chairman by majority vote, and the
Chairman so elected shall then call the meeting to order and shall serve until
arrival of the Chairman or Vice-Chairman.
(f g) Quorum. A majority of the Board shall constitute a quorum.No resolution, legally
binding document or motion shall be adopted by the Board without the
affirmative vote of the majority of all members present. Should no quorum attend
within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-
Chairman, or in their absence,the Clerk or his designee,may adjourn the meeting.
(g h) Super-Majority Exception. Whenever provided by general law, special law,
ordinance, or as specified by resolution adopted by a majority of the full
membership of the Board, and notwithstanding subsection (f), a motion,
ordinance, legally binding document or resolution may be required to be adopted
by an affirmative vote of four-fifths (4/5) of the full membership of the Board.
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(h i) 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.
(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 Commissioner 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 a call to order or as herein otherwise provided. If a member is called to
order, he shall stop speaking until the question is determined by the
presiding officer. Any member may appeal the decision of the Chairman
to the Board for decision by majority vote.
(5) Privilege of closing debate. The Commissioner moving for the adoption of
an ordinance, resolution or other act shall have the privilege of closing
debate unless otherwise directed by the Chair.
(6) 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 or her vote.
(i j_) Minutes. The minutes of prior meetings approved by a majority of the members
present shall become the official minutes. Each resolution, ordinance and legally
binding document shall be signed by the presiding officer at the meeting and by
the Clerk and entered in the minutes.
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 phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
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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 Ordinances may be renumbered or
relettered 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�ay ox•,�aeN,2015.
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4TiAT:'''• . . r" BOARD OF COUNTY COMMISSIONERS
-1 IQH ' ,BRyQCK;CLERK COLLIER COUNTY,FLORIDA
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' • ' .'Aoef. ' vtlivCS7---By:,Deputy Clerk TIM NANCE, CHAIRMAN
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kignatur only.
PP 4 `ed lr t°:c t., .'. . legality:
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Jeffrey A. •t':tzkow
County. r ey
This ordinance filed with the
S cr tart' of State's Office the
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+ar,d acknowiedpernent,g_f that
Nit-. r, civcd this s. day
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 24, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa L. Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-50,which was filed in this office on September 24,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.f.us