Agenda 02/25/2014 Item # 10A2/25/2014 10.A.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise and bring back for future
consideration an amendment to Ordinance No. 1975 -16, as amended, relating to the placement and
presentation of matters on the official agenda.
OBJECTIVE: To liberalize the inclusion of documents during Board meetings by Commissioners and
the County Manager.
CONSIDERATIONS: On April 22, 1975, the Board adopted Ordinance No. 1975 -16 to establish the
time, place, and conduct of Board of County Commissioners' meetings. Subsequent amendments
Ordinance No. 1975 -16 reflect existing procedures as they evolved over time.
At its April 12, 2011 regular meeting, the Board discussed the current agenda process. The
Commissioners expressed concerns about back -up documentation being introduced while an item is being
discussed, vague or unclear executive summaries, and in some instances a lack of sufficient back -up
information to properly deliberate the agenda item. The Board suggested revisions to Ordinance No.
1975 -16, as amended, to ensure that items are placed on the agenda in a timely manner and are properly
assembled with as much supporting documents /information as is practicable for the benefit of the Board,
County staff and the public. The Board also asked for the ability to waive the new standards (e.g. allow
new information or documents to be considered) if the item is time sensitive or significantly important. In
furtherance of this discussion, the Board later enacted Ordinance 2011 -17, which added the following
provision to Ordinance No. 1975 -16:
Meetings of the Board of County Commissioners:
(c) 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.
Should additional documents, information and materials be presented to the Board
following_ publication, the Board mav, 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.
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2/25/2014 10.A.
( (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.
I am proposing a minor amendment to this provision as follows:
(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 Manazer. 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.
This amendment allows any Commissioner or the County Manager to put anything on the record
with no vote of the Board required, but would still not authorize a member of the public to do so (unless a
Commissioner or County Manager were to so act). If approved, the County Attorney will advertise and
bring back a proposed amending ordinance for Board consideration.
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
FISCAL IMPACT: The cost of advertising the amending ordinance is estimated at $400.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes the County Attorney to
advertise and bring back for the Board's consideration the proposed amendment to Ordinance No. 1975-
16, as amended, relating to the presentation of matters placed on the official agenda.
Prepared By: Georgia A. Hiller, Esq., Commissioner District 2
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2/25/2014 10.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
Item Summary: Recommendation to authorize the County Attorney to advertise and
bring back for future consideration an amendment to Ordinance No. 1975 -16, as amended,
relating to the placement and presentation of matters on the official agenda. (Commissioner
Hiller)
Meeting Date: 2/25/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
2/12/2014 12:11:05 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
2/12/2014 12:11:05 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2014 2:30:41 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 11:27:40 AM
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