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Agenda 09/22/2015 Item #17E 9/22/2015 17.E. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending the Board's Meeting Ordinance (Ordinance No. 75-16, as amended), to provide for Electronic Meetings when a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances. OBJECTIVE: To specifically provide for the ability of the Board to meet electronically during emergency situations by adding the following provision to the Board's Meeting Ordinance: 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. CONSIDERATIONS: This past July 20th, the Board conducted a Special Meeting with respect to the vendor non- payment issue. Since this occurred during the Board's summer break, only three Commissioners were available to attend the meeting in person. In addition to the difficulties that would have resulted had 3 or more Commissioners been away at that time, it occurred to me that the summer recess is also Hurricane Season, and should a storm occur with a majority of the Board outside of the County, that under the Board's current rules no meeting could be held. Fla. Const. Art. 1, Sec. 24(b) provides: "All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county. municipality, school district, or special district. at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall he open and noticed as provided in Article III. Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution." Fla. Const. Art. 1. Sec. 24(c) provides in relevant part, that "The legislature shall enact laws governing the enforcement of this section..." The Legislature did so. enacting the Government in the Sunshine Law, which provides in relevant part as follows: F.S. Sec. 286.011 Public meetings and records: public inspection: criminal and civil penalties.— Packet Page -2488- 9/22/2015 17.E. (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. Curiously, there is no statutory definition of what constitutes a "meeting," nor has any Court weighed in on this issue. There is a string of opinions from the Attorney General, which although not entirely consistent, as a whole opine that a member can attend remotely, providing that there are extraordinary circumstances (such as illness), and that a quorum of the Board be physically present, except in cases where official action is not taken, such as a workshop, for which electronic attendance is acceptable. None of these opinions, however, address the propriety of conducting a meeting electronically when a quorum of the Board cannot meet due to extraordinary circumstances. The latest edition of Robert's Rules of Order expressly authorizes the use of Electronic Meetings, provided that there are additional rules regarding its conduct. Since there is no Florida Statute to the contrary, it is my opinion that under the Board's Home Rule Powers any action taken by the Board during such a meeting would be upheld if challenged. Lastly, I am proposing reducing the quorum for an Electronic Meeting to two Commissioners, which is the number necessary to take Board action when the normal quorum of three is present. The reason for this is that this provision is for extraordinary circumstances. Communications during certain events such as hurricanes can go off-line. If the County Manager is physically unable to reach three members. the two that can be reached can take any and all necessary action. At its September 8, 2015 regular meeting, the Board authorized the County Attorney to advertise the proposed Ordinance for future consideration. FISCAL IMPACT: The cost of advertising the proposed Ordinance was $305.00. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed amendment has been drafted by the County Attorney and is legally sufficient for Board action. This item requires majority vote. —JAK RECOMMENDATION: That the Board adopts the attached Ordinance amending Ordinance No. 75-16, as amended. to provide for Electronic Meetings during emergency situations. Prepared By: Jeffrey A. Klatzkow. County Attorney Attachments: 1) Ordinance: and 2) Legal Advertisement Packet Page -2489- 9/22/2015 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to adopt an Ordinance amending the Board's Meeting Ordinance (Ordinance No. 75-16, as amended), to provide for Electronic Meetings when a quorum of the Board is unable to meet at the Collier County Government Center due to extraordinary circumstances. Meeting Date: 9/22/2015 Prepared By Name:NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 9/10/2015 4:00:50 PM Submitted by Title: County Attorney, Name: KlatzkowJeff 9/10/2015 4:00:51 PM Approved By Name: KlatzkowJeff Title: County Attorney. Date: 9/11/2015 7:41:53 AM Name: KlatzkowJeff Title: County Attorney. Date: 9/11/2015 7:48:35 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc. Office of Management& Budget Date: 9/11/2015 10:43:02 AM Name: KlatzkowJeff Title: County Attorney. Date: 9/11/2015 1:17:25 PM Packet Page -2490- 9/22/2015 17.E. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/13/2015 10:30:02 AM Packet Page -2491- 9/22/2015 17.E. ORDINANCE NO. 2015- 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: I. 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. Words Underlined are added; Words StRiek---Throtigh are deleted. Packet Pager 2492- 9/22/2015 17.E. (c) 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. Words Underlined are added; Words&Tusk—Through are deleted. Packet Page -2493- 9/22/2015 17.E. (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. (R 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. Words Underlined are added;Words Scl, T are deleted. Packet Page -2494- 9/22/2015 17.E. (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 Words Underlined are added; Words 843% are deleted. Packet Page -2495- 9/22/2015 17.E. 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 day of 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN APPr4edps to`'iorm. isgalit� l'latzL vv t?Unto �t17rte? Words Underlined are added;Words Struek--Through are deleted. Packet Page -2496- 9/22/2015 17.E. Ordinances/Petitions Ordinances/.P €t rt s NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, September 22, 2015, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider the. enactment of County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS 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. AN ORDINANCEOFTHE BOARDOFCOUNTYCOMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING ORDINANCE NO. 2013-69,AS AMENDED, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY AMENDING SECTION FIFTEEN, "PROCEDURE TO PROVIDE PREFERENCE TO LOCAL BUSINESSES IN COUNTY CONTRACTS," IN ORDER TO CONFORM WITH RECENT CHANGES IN FLORIDA LAW; PROVIDING FOR CONFLICT AND SEVERABILITY,PROVIDING { FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO ENFORCE THE POSTING OF HUMAN TRAFFICKING PUBLIC AWARENESS SIGNS IN THE BUSINESS ESTABLISHMENTS Q DEFINED HEREIN; PROVIDING FOR DEFINITIONS; . PROVIDING FOR GENERAL REQUIREMENTS;PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE to OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT rp AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1,2016 A Copy of the proposed Ordinances are on file with the Clerk to a- the Board and are available for inspection. All interested parties ro are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must N.) register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual LT' to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record o,f the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Building W, Naples, Florida 34112, (239)252-8380.Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk ( Packet Page -2497- Sep-temper 11,zu1S No.684221