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Agenda 12/14/2010 Item #16K 9 Agenda Ilem No. 16K9 Decenlber14,2010 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to authorize an amendment to Ordinance No. 75-16, as amended, relating to the meetings of the Board of County Commissioners, clarifying the timeframe for the election of a Chairman and/or Vice-Chairman, as applicable, after the General Election and designating who shall serve as the temporary Chairman in the absence of the Chairman and Vice Chairman with respect to all matters outside of meetings. OBJECTIVE: To obtain the Board of County Commissioners (Board) authorization to amend Ordinance No, 75-16, as amended, which will clarify the timeframe for the election of a Chairman and/or Vice-Chairman, as applicable, after the Gcneral Election and designate which commissioner shall serve as the temporary Chaimlan in the absence of the Chairman and Vice Chairman with respect to all matters outside of meetings. CONSIDERATIONS: The Board's current procedures ordinance is Ordinance No. 75-16, as amended. At its November 9, 2010 regular meeting, Commissioner Halas and Commissioner Coletta recommended certain revisions to the Ordinance as it relates to election of a Chairman or Vice Chairman after the General Election and the designation of a temporary Chairman in the absence of the Chaimlan and Vice Chainnan with respect to all matters outside of meetings, This portion of the meeting minutes is attached. Accordingly, I am seeking Board approval to amend the Ordinance as follows: 1. Meetings of the Board of County Commissioners: ****** (d) Presiding officer, election, dulies. 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 Chaimlan 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, on the third Tliesday after the first Monday in November at the first regularlv scheduled Board meeting on or after the second Tuesdav aftcr 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 Chainnan 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 Chainmm and the Vice-Chairman. the immediate !last Chairman shall act as temporarv 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 dctennine 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. Agenda Item No. 16K9 December 14, 2010 Page 2 of 13 (e) 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. >I< >I< >I< >I< >I< >I< The proposed language relating to the election of the temporary Chairman and/or Vice Chairman "at the first regularly scheduled Board meeting on or after the second Tuesday after the election," mirrors the provisions set forth in Section 100,041, Florida Statutes, which establishes the date of commencement of a commissioner's term of office, If approved, we would advertise and bring back an amending ordinance for Board consideration. FISCAL IMP ACT: 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's Office to advertise and bring back for future consideration an amendment to Ordinance No. 75-16, as amended, which will clarify the timeframe for the election of a Chairman and/or Vice- Chairman, as applicable, after the General Election and designate which commissioner shall serve as the temporary Chairman in the absence of the Chairman and Vice Chairman with respect to all luatters oul~;iue uf 11lcctings. Prepared By: Jeffrey A. Klatzkow, County Attorney Item Number: Item Summary: Meeting Date: Agellda Item No. 16K9 December 14. 2010 Page 3 of '13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IGK9 Recommendation to authorize an amendment to Ordinance No. 75-16, as amended, relating 10 the rneelings oj the Board of County Commissioners, clarifying the timeframe for the election of a Chainnan and/or Vice-Chalrrnan, as applicable, after the General Election and desi~Jnatinu who shall SElve as the temporary Chairman in the absence of the Chairman and Vice Chairman with respect to all matters outside of meetings 12/14/2010 fI:ClU.UO AI~ Approved By .leU VJa17.1ww County Attoflley Date Approved By 1213/2.01010:13 AM DMS C>:'ordifl<:if'lr C;)onty Mnnacwr's Offic~, Dale o;rL'~p nf MClt13~10m(lnf f~ nlld~!ef 12f3/20" 0 12:55 PM Approved By F~andy GreeHvvald OffiC~0 of Mfm;:n9CIIII~nl t~ Budq':ct f,.n~11l;lD"'!111CnUBu(jq"t f\nalyr,t Dale Cfti{:~: (~f M:1!::!LWtllt:nl [;, CU(~W2t '12f3/ZtJlO 2:"2 PM Approved B} M3rk ls:,d'~on r)r'fic~] of rl"n:~(y;-n '_'n( i\ 1:~ud(10t Nl:l!1()9'~nF,l1t/fllld:,H"1 /\rwlysL S,?li ()! Date Cfhcc of ff1an3flC;1T1Ctll ~~ !311dU0t 12/3/20-105:24 PM AQ'mcJa Item NO.16K9 December 14, 201 [) Page 4 of '13 ORDINANCE NO. 2010- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE (d) OF ORDINANCE NO. 75-16, AS AMENDED, "PRESIDING OFFICER, ELECTION, DUTIES," CLARIFYING THE TIMEFRAME FOR ELECTION OF A CHAIRMAN AND/OR VICE-CHAIRMAN, AS APPLICABLE, AFTER THE GENERAL ELECTION AND DESIGNATING THE COMMISSIONER WHO SHALL SERVE AS THE "TEMPORARY CHAIRMAN" IN THE ABSENCE OF THE CHAIRMAN AND VICE CHAIRMAN WITH RESPECT TO ALL MATTERS OUTSIDE OF MEETINGS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING IIOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND I)ROVIDING 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 reflcct the evolving practiccs and procedures relating to the meetings of the Board of County Commissioners; and WHEREAS, the Board desires to amend Ordinance No. 75-16, as amended, in order to clarify the timeframe for election of a Chairman and/or Vice-Chairman, as applicable, after the General Election and designate the commissioner who shall serve as the "temporary Chairman" in thc abscnce of the Chairman and Vice Chairman with respect to all matters outside of mcetings. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDI,NANCE NO. 75-16, AS AMENDED. Section One is hereby amended to read a [ollov..'s: 1. Meetings of the Board of County Commissioners: * * * * * * (d) Presiding officer, election, duties. The presiding Chairman and Vice- Chairman shall be elected by a majority of the members of the Board of County Words Underlined are added; Words SlfHelc Tl1rougl1 are deleted. Page I af3 Agenda Item No. 16K9 December 14, 201 () Page 5 of 13 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, OR the thinl THesea)' after the first MORea)' iR Nevember 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 announee the decision of the eommission on each item of business, The majority vote of the members present shall determine all questions of order not otherwise coyered. 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) Cal/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 eleeted shall then call the meeting to order and shall serve until arrival of the Chairman or Vice Chairman. ****** 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 Words Underlined are added; Words Slruel, ThreHgh are deleted. Page 2 of3 Agenda Item l~o.161<9 December 14, 2010 Page 6 of 13 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 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: EFJ<'ECTIVE 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 ,2010, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COlTNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A, Klatzkow County Attorney Words Underlined are added; Words Slfuck Through are deleted. Page 3 of3 Agenda Item No. 16K9 December 14, 2010 Page 7 of 13 November 9,2010 MR. OCHS: Commissioner, I don't know if you want to take 9C. CHAIRMAN COYLE: Let's take 9B. We can get through that one real fast. MR.OCHS: I didn't think you could get through that one quite so quickly, sir. CHAIRMAN COYLE: I don't think we can. I'm just joking. MR. OCHS: I know, I know. Item #9C FILLING OF THE VICE CHAIR POSITION ON THE BOARD OF COUNTY COMMISSIONERS - MOTION TO PLACE ITEM ON THE DECEMBER 14,2010 BCC MEETING AGENDA AND GIVING THE (PREVIOUS) CHAIRMAN THE AUTHORITY TO SIGN DOCUMENTS IF BOTH THE CHAIRMAN AND THE VICE-CHAIRMAN ARE ABSENT OR IN THE EVENT OF AN EMERGENCY - APPROVED CHAIRMAN COYLE: Okay. Let's try 9C. COMMISSIONER HALAS: Yes. I'm the one that brought this onto the agenda. As you know, today is my last meeting, and I'm the vice-chair. And the reason I brought this forward is that I wanted to make sure that the commission was covered in the sense that if the vice-chair was out of town and there was something that -- excuse me -- the Chair was out of town and the vice-chair needed to address some -- any particular issues, such as maybe signing of bonds or "~H~h;n<T els'" th"'~;~ "''''s co\'er"'d al.l] U J. 5 "", uu".u. yy u. "" . And I didn't know about any particular ordinance. And as we discussed the possibility of not having the meeting here in -- the second meeting in November, the -- and we voted on it, we didn't get any indication from the county attorney that we might be in violation of an ordinance. Page 86 Agenda Ilem ~'O. 16K9 December 14. 2010 Page 8 of 13 November 9,2010 So I just felt that we needed to make sure that there was someone on the board who could be covering the commission as the vice-chair since I was vacating it. And I'Illet the county attorney opine in regards to the ordinance. And it wasn't brought back to our attention even a meeting or so later, so that's what the reason of this was. CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: So it's nothing more than just discussion and to make -- clarify what was going on. In fact, at the time we didn't even know there was an ordinance; I don't think any of us knew there was an ordinance in regards to this. CHAIRMAN COYLE: Okay. One way you can solve the problem is just take whatever action -- I think the county attorney has told us that the intent of the ordinance was clearly to allow the incoming commissioners to have -- to participate in the vote concerning any vice-chair or chairman -- MR. KLAT7KOW: Correct. CHAIRMAN COYLE: -- position; is that not true? MR. KLATZKOW: That's true. CHAIRMAN COYLE: Then why don't we just put that on the agenda for December, what is it, December the 4th? MR. OCHS: Fourteenth. CHAIRMAN COYLE: Fourteenth. Put that on the agenda for December the 14th so that the new commissioner will have a chance to influence that vote and be heard. And Commissioner Henning, you were first. COMMISSIONER HENNING: Yeah, no. Commissioner Halas really covered my concerns by citing the ordinance, and that's the board meeting ordinance, and I agree with your position. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Just briefly. The only suggestion I got for further thought is that in the -- little of the time, Page 87 Agenda Item No. 16K9 December 14,2010 Page 9 of 13 November 9,2010 sometime in the future, when the Chair is not available and the vice-chair is not available, then it should be able to fall back on some sort of predictable thing. In this case it would be the immediate past chair. We may want to, at some point in time when we get a chance to revisit this -- we're talking about emergency situations. God forbid anything ever happen to you, you know. But ifit did, we don't have a vice-chair now. CHAIRMAN COYLE: It could be a blessing. COMMISSIONER COLETTA: Well, it could be. You know, sometimes less government is better government. In this case it probably would be. But the thing is, it'd just make it a little -- I didn't mean anything by it. That's my Republicanism kicking in there. We may want to give it some thought about the immediate past chair as being in the succession line so that if an emergency does come up, we don't have anyone hesitating as to what they're supposed to do at that point in time. CHAIRMAN COYLE: Sounds good to me. We would have to make a -- create an ordinance to do that, County Attorney? MR. KLATZKOW: We could amend the ordinance to do that, and I can bring that back, if you want. I mean, I don't know that you need to do that. If there was an emergency, we'd call a meeting, and you guys at that time would declare who was going to be the chair. We do have that procedure, but we can look at the ordinance. CHAIRMAN COYLE: Oh, with the current procedure, if we call an emergency meeting, all those people present have the authority to designate a chair for that meeting. MR. KLATZKOW: That's correct. CHAIRMAN COYLE: Okay. So we really do have a-- COMMISSIONER COLETTA: Well, prior to the meeting there may be some action that has to be taken, just representation of Page 88 Agenda Item No. 16K9 December 14, 20'J() Page 10 of '13 November 9,2010 someone from the commission. CHAIRMAN COYLE: Just signing of papers or something like that? MR. KLATZKOW: Understood. COMMISSIONER COLETTA: Yeah. That's where I'd like to see this considered. CHAIRMAN COYLE: Can we designate someone to sign papers in the -- in an emergency in the absence of the Chair and the vice-chair? MR. KLA TZKOW: Yes, you can. In fact, you can do that right if you wanted to. COMMISSIONER COLETTA: Okay. Then I would make a motion that we designate the immediate past chair. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Is that me? COMMISSIONER COLETTA: Yeah, that's you. CHAIR_M A 'N COYLE: That's Commissioner Fiala. Okay. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: And that is just in the ,event of an emergency in the absence of both the chair and the vice-chair, and it will be effective until, I guess, January -- COMMISSIONER HALAS: Fourteenth. COMMISSIONER FIALA: No, just to the December -- CHAIRMAN COYLE: Oh, I'm sorry. COMMISSIONER FIALA: Yeah, just this period. COMMISSIONER HALAS: December 14th. CHAIRMAN COYLE: No, that won't solve Commissioner Coletta's concern. What we're talking about is designating someone like the previous vice tenn -- vice-chair to serve in an emergency if the chairman and vice-chairman are both gone. In early December we will designate, I presume, a new vice-chair. MR. KLATZKOW: Correct. Page 89 Agenda Item No. '16K9 December 14. 2010 Page 11 of 13 November 9,2010 CHAIRMAN COYLE: And that appointment will be valid until the first meeting in January. COMMISSIONER COLETTA: Forgive me, sir. CHAIRMAN COYLE: Yes. COMMISSIONER COLETTA: This is something that I would assume would be ongoing forever. It doesn't have to be for this point in time. The situation of chair and vice-chair -- CHAIRMAN COYLE: All right. COMMISSIONER COLETTA: -- being absent could be any point in time. The time between now and the new chair. doesn't -- CHAIRMAN COYLE: All right, all right. I understand. Okay. And we can do that; we can make that decision now, or would you rather wait until December the 14th? You want to do it now? COMMISSIONER COLETTA: Jeff, help me with this. MR. KLATZKOW: Well, you've got some bond resolutions that need to be signed, for one thing. You can designate one of you to do that, but that's my personal immediate concern. We could adjust the ordinance so that it meets with Commissioner Coletta's concern that the immediate vice-chair will serve in the absence of both the Chair and vice-chair. CHAIRMAN COYLE: Okay. We can make that decision now? MR. KLATZKOW: Yes. COMMISSIONER HALAS: Okay. So somebody made the motion, I seconded it. COMMISSIONER COLETTA: Well, the motion incorporates everything else that I originally said, and your second can -- COMMISSIONER HALAS: I'm not sure what all you said. COMMISSIONER COLETTA: Well, that's okay. Don't worry about it. You're going out the door today. We got to live with it, not you. CHAIRMAN COYLE: You're the lame duck. Okay. So we've got that straightened out. We will elect a new Page 90 A\181lcfa Item No 16K9 December 14, 20'10 Page 12 of 13 November 9,2010 chairperson -- a vice-chair on December the 14th -- COMMISSIONER HALAS: Right. CHAIRMAN COYLE: -- but from this point forward, if the chairman or vice-chairman happen to be absent -- COMMISSIONER FIALA: Not or, but and. CHAIRMAN COYLE: -- and, and -- they both happen to be absent, then Commissioner Fiala will be empowered to sign. COMMISSIONER FIALA: Or whoever the past chairman is. CHAIRMAN COYLE: Yes. COMMISSIONER FIALA: Right, not just me. CHAIRMAN COYLE: That's right. COMMISSIONER COLETTA: That's the motion. COMMISSIONER HALAS: And second that. CHAIRMAN COYLE: Okay. Any further discussion? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signify by saymg aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) COMMISSIONER HALAS: That was the reason that I thought that this needed to come up for discussion because -- the fact that it's near the holiday season, there's a lot of extenuating circumstances, so that's why I brought this forward. CHAIRMAN COYLE: Okay. Well, it was good timing. COMMISSIONER FIALA: It's a good thing, because I'd also been approached by some of our staff members about the bonds coming up and mowing that a couple of our members would be gone, Page 91 Agenda Item No. 16K9 December 14, 2010 Page 13 of 13 November 9,2010 and I'm only going to be gone for a couple days and just parts of days, so I'll be here. So they'd asked if nothing -- so this really works out well. CHAIRMAN COYLE: Okay, good, good. Very well. Then is there anything we can do in four minutes, County Manager? COMMISSIONER FIALA: Yes. We can take an early lunch. COMMISSIONER COLETTA: As a present to Commissioner Halas. MR. OCHS: No, sir. CHAIRMAN COYLE: Okay. We are adjourned for lunch. We're recessed for lunch. (A luncheon recess was had.) MR.OCHS: Mr. Chairman, you have a live mike. CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission is back in session now. Where do we go from here, County Manager? Item #8B RESOLUTION 2010-226: PETITION V AC-PL2010-1595, MARS ILEA VILLAS, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY AND THE PUBLIC INTEREST IN THAT PORTION OF A 30-FOOT WIDE EASEMENT FOR ROADWAY AS ORIGINALLY RECORDED IN OFFICIAL RECORD BOOK 218, PAGE 734 OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA BEING LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A- ADOPTED Page 92