Agenda 05/26/2009 Item #16K5
Agenda Item No. 16K5
May 26, 2009
Page 1 of 22
EXECUTIVE SUMMARY
Request that the Board of County Commissioners directs the County Attorney to advertise
an ordinance amending the Collier County Planning Commission Ordinance by requiring
that candidates for the Planning Commission must be nominated by the Commissioner of
the District in which the candidate resides for both initial and subsequent terms and
eliminating term limits. This request is contingent on the Board this date enacting the
proposed ordinance which relocates the Collier County Planning Commission Ordinance
from the Collier County Land Development Code to the Code of Laws and Ordinances.
OBJECTIVE: To obtain Board direction to advertise an ordinance which would amend the
Collier County Planning Commission Ordinance by requiring that candidates for the Planning
Commission must be nominated by the Commissioner of the District in which the candidate
resides for both initial and subsequent terms and eliminating term limits.
CONSIDERATIONS: This proposed ordinance is in furtherance of prior Board direction.
,-
There is a related item before the Board this date which seeks the Board's Approval to enact a
proposed ordinance which relocates the Collier County Planning Commission Ordinance from
the Collier County Land Development Code to the Code of Laws and Ordinances. If the Board
does not enact this ordinance, then the County Attorney will bring back this proposed
amendment as part of an upcoming LDC Cycle. If the Board approves both the proposed
relocation ordinance and this item, the County Attorney will advertised this ordinance and bring
it back for approval on the Summary Agenda ofthe next available Board meeting.
FISCAL IMPACT: Approximately $400, representing the cost of advertising.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney.
This is a regular Board item requiring simple majority vote. -JAK
RECOMMENDATION: Contingent on the Board this date enacting the proposed ordinance
which relocates the Collier County Planning Commission Ordinance from the Collier County
Land Development Code to the Code of Laws and Ordinances, that the Board of County
Commissioners directs the County Attorney to advertise the attached ordinance which would
amend the Collier County Planning Commission Ordinance by requiring that candidates for the
Planning Commission must be nominated by the Commissioner of the District in which the
candidate resides for both initial and subsequent terms and eliminating term limits.
PREPARED BY:
Jeffrey A. Klatzkow, County Attorney
_.
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Agenda Item No. 16K5
May 26, 2009
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Request that the Board of County Commissioners directs the County Attorney to advertise an
ordinance amending the Collier County Planning Commission Ordinance by requiring that
candidates for the Planning Commission must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent terms. This request is
contingent on the Board this date enacting the proposed ordinance which relocates the
Collier County Planning Commission Ordinance from the Collier County Land Development
Code to the Code of Laws and Ordinances. (Companion to Item 17G)
Meeting Date: 5/26/2009 9:00:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14f2009 2:54:54 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/20093:03 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/15/2009 9:59 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 5/15/20092:53 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 5/16f2009 10:26 AM
Comm issioners
file://C:\AgendaTest\Export\130-May%2026, %202009\ 16. %20CONSENT%20AGENDA \1... 5/20/2009
Agenda Item No. 16K5
May 26, 2009
Page 3 of 22
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY
PLANNING COMMISSION ORDINANCE BY REQUIRING THAT
CANDIDATES FOR THE PLANNING COMMISSION MUST BE
NOMINATED BY THE COMMISSIONER OF THE DISTRICT IN WHICH
THE CANDIDATE RESIDES FOR BOTH INITIAL AND SUBSEQUENT
TERMS AND DELETING THE PROVISION REGARDING TERM LIMITS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-_ sets forth the establishment,
powers and duties of the Collier County Planning Commission; and
WHEREAS, the Board fInds that it is in the public interest to require that candidates for
the Planning Commission must be nominated by the Commissioner of the District in which the
candidate resides for both initial and subsequent terms.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION (2) OF ORDINANCE NO. 2009--,
Section (2) is hereby amended to read as follows:
(2) Membership
*****
B. Appointment. The Planning Commission shall be composed of 9 members to be
appointed by the BCC. Candidates for the Planning Commission must be nominated by the
Commissioner of the District in which the candidate resides for both initial and subsequent
terms. All reappointments to the Planning Commission shall be made so as to achieve the
following geographical distribution of membership:
1. One member: County Commission District No.4.
2. Two members: County Commission District No.1.
3. Two members: County Commission District No.2.
4. Two members: County Commission District No.3.
5. Two members: County Commission District No.5 (one from Immokalee).
6. One member: Appointed by the school district.
Words Underlined are added; Words Struck Through are deleted.
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C. Tenn. Each appointment or reappointment shall be for a term of 4 years. Each
appointment and reappointment shall be made so that the terms of any 2 members from a single
commission district shall not expire in the same year. Appointments to fill any vacancy on the
Planning Commission shall be for the remainder of the unexpired term of office.
D. ReBppeintmcllt. A mem.ber may be reappointed by the BCC for only 1 sueeessive term,
unless there are BO other qualified applicants f-or the member's position. l\ppointments to fill any
vacaney on the Planning Commission shall be f{)r the remainder ofthe unexpired term of offiee.
B D. Removal from office.
1. Any member of the Planning Commission may be removed from office by a four-
fifths vote of the BCC, but such member shall be entitled to a public hearing and
reconsideration of the vote if he so requests in writing within 30 days of the date
on which the vote is taken.
2. If any member of the Planning Commission fails to attend 2 consecutive Planning
Commission meetings without cause, the Planning Commission shall declare the
member's office vacant and the vacancy shall be filled by the BCC.
I<: E. Officers. The membership of the Planning Commission shall elect a chairman and vice-
chairman from among the members. Officers' terms shall be for 1 year, with eligibility for
reelection.
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
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.
Words Underlined are added; Words 8truElk Threl:lgft are deleted.
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SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2009.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
Words Underlined are added; Words St:r1iek TbreYgfl are deleted.
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Agenda Item No. 16K5
May 26, 2009
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March 10, 2009
MS. MITCHELL: Yeah, Section 30, Township 49, Range 27
east.
COMMISSIONER HENNING: It's coming to the Board of
County Commissioners.
MS. MITCHELL: It's coming, it's coming. I'm just here to let
you know that it's a county problem. It needs to be dealt with. It's not
water management's issue. It's the county's problem. It's the county's
.
Issue.
I'm just growing trees out there. I have an occupational license to
grow trees out there. I'm using best management practices. I'm not
bothering anybody, but I've got this neighbor who seems to be
absolutely unstable.
I'm just giving you a heads up. I don't want to be here when
they're here, so I'm appealing to you to make the right decision for the
future of agriculture in Collier County.
COMMISSIONER HENNING: I guess this is part of ex parte
communication when it comes up.
CHAIRMAN FIALA: Thank you, Ms. Mitchell.
MS. MITCHELL: Thank you for your time.
Item #12A
DIRECTION WHETHER TO AMEND ORDINANCE NO. 01-55
(THE ADVISORY BOARD ORDINANCE) WITH RESPECT TO
TERM LIMITS. THE ORDINANCE PRESENTLY LIMITS AN
ADVISORY BOARD MEMBER TO TWO TERMS, ABSENT
UNANIMOUS BOARD APPROVAL FOR AN ADDITIONAL
TERM - MOTION TO ADVERTISE AS AMENDED -
APPROVED
CHAIRMAN FIALA: On to number 12A.
MR. MUDD: Yes, ma'am. And that is a recommendation that
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March 10, 2009
the Board of County Commissioners provides direction whether to
amend ordinance number 2001-55, the advisory board ordinance, with
respect to term limits. The ordinance presently limits an advisory
board member to two terms absent unanimous board approval for an
additional term, and I believe Mr. Klatzkow will present on this item.
MR. KLA TZKOW: And I'm just seeking direction from the
board whether or not you want to maintain the two-term limit, or
whatever the board's --
CHAIRMAN FIALA: I don't know who was frrst.
COMMISSIONER COLETTA: I think I was.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I think that the direction
we should go - think about it for a moment. The Collier County
Commissioners themselves, we don't have -- we don't have term
limits. Yes, we do. It's called death. But put that aside.
I think we're not serving our public by putting term limits in
place and having to go through this rigmarole every time it comes up.
We get somebody in there that's totally capable, I do believe that, you
know, we should just be able to move forward; however, with that
said, I would suggest that we consider a couple of things.
One thing would be, as far as the Planning Commission goes and
Productivity Committee, you know, we have people that we appoint
more or less from different districts to try to come up with a balance,
that the person that's coming forward that received an appointment
from the commissioner from that district can be one of the three votes
that would be putting them in.
CHAlRMAN FIALA: On each one of the committees?
COMMISSIONER COLETTA: No, no. I'm talking about the
Planning Commission and Productivity Committee.
CHAIRMAN FIALA: Okay.
COMMISSIONER COLETTA: That would be a suggestion. I
wanted to give it to you as an idea for discussion. But my motion
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March 10, 2009
would be, is to do away with the term limits and to have it where it
only takes a majority to be able to keep a person or appoint a person to
the different committees regardless of how long they're there. And the
other thing which is open for discussion would be the idea of having it
where the sitting commissioner of that district as far as the
Productivity Committee goes or the Planning Commission, would
have to agree to make that appointment to be able to move that person
forward, because who would know better than the sitting
commissioner of that district who would be the best person as far as to
represent that district?
CHAIRMAN FIALA: So you have three parts to your motion; is
that correct?
COMMISSIONER COLETTA: That's correct.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER COYLE: I have a question.
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: Okay? If that's all right.
Here's the problem. With respect to the commissioner
nominating someone who has applied and expecting that
commissioner to know if that person is better qualified than someone
in another district, it's almost impossible. I mean, you'd just -- you'd
just be -- for example, let's suppose we had two nominees and one was
from your district.
COMMISSIONER COLETTA: No. You missed the whole
point.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: The Productivity and the
Planning Commission are appointed by districts.
MS. FILSON: No, sir. The Planning Commission is. The
Productivity Committee is not.
COMMISSIONER COLETTA: Okay. I'm sorry, you're right.
The Planning Commission is appointed by the district. The
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March 1 O~ 2009
Productivity Committee - so strike Productivity Committee.
COMMISSIONER COYLE: Okay. Now we're all right.
COMMISSIONER COLETTA: Okay, you're right. That was an
oversight on my part. So it would be for the Planning Commission.
COMMISSIONER COYLE: Okay. I'm okay there. The -- I'm
not sure that doing away entirely with the term limits is such a good
idea. You might want to keep term limits but make it a simple
majority, and that way it gives you an opportunity, if someone isn't
performing up to standard when their term limit applies, you could just
let them drop off if you want to without embarrassing them and just
selecting somebody else. I think it provides an easier way of
permitting some new blood to be brought into --
COMMISSIONER COLETTA: And I'll tell you what,
Commissioner Coy le~ if one other person agrees with you, I'll be more
than happy to change it to that.
COMMISSIONER COYLE: Okay.
COMMISSIONER HALAS: I agree to that.
COMMISSIONER COLETTA: Okay. Then that's changed.
CHAIRMAN FIALA: Okay. So then do I have a second to his
motion?
COMMISSIONER COYLE: You sure do.
CHAIRMAN FIALA: Okay, fme.
MS. FILSON: Who made the motion?
COMMISSIONER COYLE: He made the motion, I seconded it.
COMMISSIONER COLETTA: Oh, Commissioner Coletta did.
MS. FILSON: Okay. Then can I get some direction?
COMMISSIONER COLETTA: Sure.
MS. FILSON: And this is in reference to the Productivity
Committee, it was continued pending your amendment of this
ordinance. Are you now directing me to readvertise and retain the
current applicants that I have?
COMMISSIONER COYLE: No, because this motion hasn't
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March 10, 2009
been voted on and approved, so we don't know where it's going. So
we need to finish with this item, and then we can get to that.
MS. FILSON: Okay.
MR. MUDD: Come back with an ordinance.
COMMISSIONER COLETTA: But this motion also includes
not only the Productivity Committee, but the Planning Commission?
COMMISSIONER COYLE: All of the committees, everything.
This motion deals with all of our committees; is that not correct, Jeff?
MR. KLATZKOW: It's my understanding --let's get
clarification. We're amending the general board ordinance.
COMMISSIONER COYLE: Ordinance.
MR. KLA TZKOW: The general advisory board ordinance, and
at this point we're keeping term limits.
COMMISSIONER COYLE: But we're having a simple majority.
MR. KLATZKOW: But what's the difference ifit's a simple
majority because it's always a simple majority if it's --
COMMISSIONER COYLE: Nomination.
MR. KLA TZKOW: -- term limits or not?
CHAIRMAN FIALA: Nothing unanimous though --
COMMISSIONER COYLE: We're keeping the term limits.
COMMISSIONER HALAS: Supennajority.
COMMISSIONER COYLE: But I know that --
COMMISSIONER COLETTA: That's what you said earlier.
CHAIRMAN FIALA: No, he didn't. He said majority.
COMMISSIONER COYLE: No. I said simple majority, simple,
simple majority.
MR. KLA TZKOW: Simple majority is for whether you're there
one term, two terms, three terms, four terms.
COMMISSIONER COYLE: That's correct. That's right.
MS. FILSON: Anything over two terms, that's what it is now.
Two terms take a unanimous vote.
MR. KLATZKOW: Well, now it's unanimous, but--
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March 10,2009
COMMISSIONER COYLE: Okay, all right. Let's go through
this step by step now. I've got Elvis here and we're going to vote on
Elvis being reappointed to the position, right? Elvis has only one
term. We're not dealing with term limits, okay.
Now, we've got Tom who has served for three terms, which is in
excess of the normal term limits. If we want to nominate him, we --
three of us can nominate that person. Are you suggesting then that
that vote should also apply to the term limits?
MR. KLATZKOW: I guess rm not understanding what you
mean by nominating.
COMMISSIONER COYLE: Okay. Well, selecting the person.
CHAIRMAN FIALA: You mean it takes three people to
approve?
COMMISSIONER COYLE: I guess -- I guess for me there are
two steps in the process. Number one, is the person qualified, okay,
and number two, do we want them to continue serving for another
term in excess of the number of terms they've already been serving.
But to you that means the same thing, right?
MR. KLA TZKOW: I'm not sure that I really understand the
difference.
COMMISSIONER COYLE: Okay, all right. Probably
practically there is no difference. So if we go with a simple majority
and we approve for someone to be appointed to the board, it doesn't
make any difference how many times they've served.
MR. KLATZKOW: That's correct.
COMMISSIONER COYLE: Is that what you're saying?
MR. KLATZKOW: If yon want to make a difference, it would
have to be supermajority, be four votes, or current system, which is
unanimous, if you want to make a difference for term limits.
COMMISSIONER COYLE: Well, you know, I'm interested in
getting the best person that we can possibly get to serve on the
advisory boards. And since most everything else we do is by simple
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majority, I'm perfectly happy to do it that way.
MR. KLATZKOW: That means there's no term limits.
COMMISSIONER COYLE: Yeah. That means you just wipe
out the term limits.
MR. KLATZKOW: Yes.
COMMISSIONER COLETTA: So the motion -- and I'll repeat it
-- it's for a simple majority regardless of how many terms a person
serves, and I believe we still agreed to incorporated the part with the
Planning Commission, they have to have the vote or the endorsement
of the commissioner from that district. Am I understanding everyone
correctly?
MS. FILSON: It doesn't really indicate that in the ordinance. It
just says they have to be from the respective district.
COMMISSIONER COLETTA: No. I understand that, but we
had the chance to amend the ordinance --
MS. FILSON: That's the Planning Commission ordinance.
COMMISSIONER COLETTA: Just the Planning Commission?
MS. FILSON: Yes.
MR. KLATZKOW: Which is an LDC provision. If you're going
to want to do that, we can do that, but it will require -- should require
four votes.
COMMISSIONER COLETTA: How do you feel about it? Ijust
think that it would give us the power to be able to make sure we have
the right person in.
CHAIRMAN FIALA: I know, I know.
COMMISSIONER COYLE: Yeah, I would support it.
CHAIRMAN FIALA: Now we're going to hear the motion again
because you had a three-part motion initially, but I have
Commissioner Henning waiting and Commissioner Halas waiting.
COMMISSIONER HENNING: I think Commissioner Coletta's
issue about the Planning Commission can be easily resolved in this
ordinance change. The Planning Commission, it says the appointment
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of all members of the Planning Commission shall be made by
resolution of the BCC. In any event any members are no longer
qualified or elected, and it goes on and on. Doesn't say
recommendation and confirmation of -- I think that can be clarified in
another ordinance until we get to an LDC change.
MR. KLA TZKOW: Well, we'll just -- if it's the will of the board
to do this, we'll just do this and we'll throw this in the cycle to --
COMMISSIONER HENNING: Actually, why can't we take the
Planning Commission out of the Land Development Code? Because
you're only talking about a cycle of two' years, and if we want to do
something else with the Planning Commission, we would have to wait
for an LDC amendment. But take a look at that, please, and see if we
can do such--
MR. KLA TZKOW: You've got a lot of commissions in the Land
Development Code --
COMMISSIONER HENNING: And it doesn't.
MR. KLATZKOW: -- that we'll be looking at taking out.
COMMISSIONER HENNING: Yeah.
MR. KLATZKOW: Including the EAC.
COMMISSIONER HENNING: Correct.
MR. KLATZKOW: Yeah, I agree. We can look.
COMMISSIONER HENNING: So we can move forward with
your recommendation.
MS. FILSON: Can I ask one more question, sir, or make a
statement, I guess.
Also in ordinance 2001-55, if you serve on more than two
boards, that also takes a unanimous vote. So I just want to make sure
that you want to leave that in and not change that.
COMMISSIONER COYLE: I'd be willing to change that one,
too.
COMMISSIONER COLEITA: Yeah. If I may make a
suggestion, since I am the motion maker, that what we'd do is we'd
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have that fact brought forward very similar to the fact that you have as
far as a person's attendance goes so that we realize how long they've
been there and what their attendance has been, and then we can make
an informed decision, and we can just keep it right at three votes.
MS. FILSON: Okay. Then I know that a lot of times staff
provides me a year or two years attendance records, and is that
direction for me to give direction to staff that you want the attendance
records for as long as they've been on the committee?
COMMISSIONER COLETIA: I would think the last two years
would be sufficient. I don't want to create any extra work. I mean, the
most current years are the most important years that you have to take
into consideration.
MS. FILSON: Okay. I just wanted to be clear.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I just want some clarification. Are
you saying that on the Planning Commission and other areas where
the commissioner of that district appoints individuals, we're no longer
going to have that option?
MR. KLATZKOW: No. What I understand from the motion is
that if you're on the Planning Commission and you're in District 3, you
must be nominated by the commissioner from District 3.
COMMISSIONER HALAS: Okay, all right. Okay.
CHAIRMAN FIALA: Or at least accepted by that
commissioner, right?
COMMISSIONER COLETI A: Whatever the word is there.
MR. KLATZKOW: Well, my understanding from the motion is
nominated by.
CHAIRMAN FIALA: Nominated by?
COMMISSIONER COLETI A: Nominated would be a fine
word, unless there's --
COMMISSIONER HALAS: So it's going to stand as it is today;
you've got so many people on the Planning Commission and there's so
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many from each district that -- okay.
MR KLATZKOW: That's right. And in practice, you've been
doing that anyway.
COMMISSIONER HALAS: Yep.
CHAIRMAN FIALA: There's only nine members of the
Planning Commission --
MS. FILSON: Yeah, there's two--
CHAIRMAN FIALA: -- right, and there are --
MS. FILSON: Two from each district and one from the City of
Naples.
CHAIRMAN FIALA: Dh, I see, okay.
MS. FILSON: Now -- and then just to be clear, clear, clear,
when there's an opening on the Planning Commission, ifhe's going to
be nominated by a commissioner, do I advertise, or does that
commissioner bring forth a person to be presented to the board?
MR. KLATZKOW: You advertise.
COMMISSIONER COLETTA: And a commissioner can make a
choice from there, or he might say none of the above.
MS. FILSON: Okay.
CHAIRMAN FIALA: Would you -- would you do me a favor,
and would you repeat your motion as it stands now?
COMMISSIONER COLETI A: I love you, Donna. Of course I
will.
Yeab, my motion is several different parts, and I hope I can
repeat it exactly as it was. One, that everything is passed by a simple
majority. No exceptions.
Two, that the -- when an applicant comes forward for the
Planning Commission only, that person has to be -- receive a
nomination; in other words, whatever the list of people is from that
particular district that submit for it, the commissioner of that district
would nominate one person that he thinks would be most fit or he
could not nominate any of the above and readvertise it.
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c-
Two -- I'm trying to remember -- or three, would be the -- dealing
with, oh, the records that come forward as far as what we have to
make our decision, that we don't require anything special as far as the
vote goes for people that are into three terms or serve on more than
two boards. At that point in time, there'll just be a notification within
our agenda package along with the time that they have served on there
the past two years, what their attendance was so that we can make an
informed decision on our votes.
CHAIRMAN FIALA: You know, one of the things that makes
me a little nervous is, say, for instance, some commissioner has -- is in
a snit that week when somebody's term is being applied for on the
Planning Commission, and that week they don't like him, but then the
next week they're going to like him again. That person won't be
accepted, and then they'll be off four years.
I mean, I'm thinking like Mark Strain, for instance, is who I'm
actually thinking. So Mark Strain -- you know, say, for instance, you
and Mark don't see eye to eye on something or another and you decide
COMMISSIONER COLETTA: Well, that's a terrible example
because we've been together for like 20-some years plus.
CHAIRMAN FIALA: That's true, but I mean, I'd hate to lose
him.
COMMISSIONER COLETTA: I know what you're saying, but
it's because of Mark Strain that I'm putting this thing together the way
it is, is to try to keep things attached. But once again, I think the
commissioner in that district should be able to make an informed
decision.
Mark Strain's an example of about as perfection as you can get.
CHAIRMAN FIALA: Yeah, you wouldn't want to lose him.
COMMISSIONER COLETTA: You wouldn't want to lose him.
CHAIRMAN FIALA: And so if somebody had a -- you know, if
you had a snit with him --
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COMMISSIONER COLETTA: But there's a lot of other people
that come forward that want to get on the Planning Commission that
you don't want -- I mean, traditionally, we have always honored that
commissioner, but there's been a couple times where somebody would
jump in and say, no, I want this one or that one.
CHAIRMAN FIALA: That's true.
COMMISSIONER COLETTA: We've got to remind them it's
that. But this is putting it down as a matter of law so it no longer
becomes a hit-or-miss situation.
CHAIRMAN FIALA: Okay.
MR. KLATZKOW: But what you're really doing is you're
having the commissioner of that district choose the planning
. .
COmmISSioner.
CHAIRMAN FIALA: That's exactly what you're --
MR. KLATZKOW: That's what you're doing, because the
commissioner is only going to choose the person he wants, and if four
people apply, it's just going to be one nomination, and the board will
either accept or reject it.
COMMISSIONER COLETTA: Right. And they can reject it,
and you'd have to go back to the drawing boards if they did reject it.
COMMISSIONER COYLE: And if Commissioner Coletta were
to vote -- were not to select Mark Strain, can we vote to impeach
Commissioner Coletta?
COMMISSIONER COLETTA: That's correct. You can do that,
too.
MR. KLATZKOW: No, you cannot.
COMMISSIONER COYLE: Can we change the law so we can?
CHAIRMAN FIALA: So now Commissioner Coletta's just
nominated -- poor Mark, oh, if he could hear us now -- has just
nominated Mark Strain, and then--
COMMISSIONER COLETIA: I got to help you Donna. I had
breakfast with Mark, and this was -- a good part of it was his own
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idea.
CHAIRMAN FIALA: Oh, I see. And then after he's nominated
him he didn't get the majority vote. There were only two votes rather
than three. Then what happens?
COMMISSIONER COLETTA: Well, the same thing that
happens now. That person wouldn't be appointed.
CHAIRMAN FIALA: Oh.
COMMISSIONER COLETTA: It takes three votes.
MR. KLATZKOW: Right, but what you're going to find is that
that commissioner may not approve anybody else down the line until
he gets, or she gets, their choice, and you'll -- you're getting yourself
into a position where you might get yourselves into gridlock by doing
it this way is what I'm getting at. I mean, I understand what you want
to do but--
,
COMMISSIONER COLETTA: I'm sorry. What's the problem?
MR. KLA TZKOW: You're putting yourselves into a position of
potential gridlock because a particular commissioner can say, I want
this person or nobody else, and that's the only person that
commissioner will nominate. If the others vote no, that commissioner
simply doesn't nominate anybody else and you'll have a vacancy.
COMMISSIONER COLETTA: Well, I think that's -- we never
ran into that. And if we did, I mean, at that point in time, you might
get somebody that's really being a pain in a neck and they won't make
-- and they want to bring everything to a dead stop. It didn't exist with
this present conunission. You know, we can only address problems
like that when we've seen them, and we've never seen them in the past
eight years, anything even resembling anything like that.
CHAIRMAN FIALA: Okay. So Commissioner Halas?
COMMISSIONER HALAS: I like -- I would think that instead
of having a unanimous majority, that we would have a supennajority
in regards to approving somebody if they were term limited. I would
go along with that.
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March 10, 2009
COMMISSIONER COLETTA: To be honest with you, we
discussed this quite a bit, and I think we got enough acceptance for the
simple majority across the board, and I'd like to run the motion
through just like that, but I appreciate your input, sir.
CHAIRMAN FIALA: And I kind of interrupted with the
question there. Is there any more to your motion than the two points
that you made?
COMMISSIONER COLETIA: Help me. Have I missed
anything from what we were discussing? I think we covered it quite
well.
CHAIRMAN FIALA: Okay. Very good. Then I have a motion
on the floor and a second.
Oh. Mr. Mudd?
MR. MUDD: Oh, I hate to get it. You have more than one board
that you have a district representative on in the Planning Commission.
Clam Bay Advisory Board has --
MS. FILSON: Yes.
MR. MUDD: -- district members that are applied, and you
basically focused on the Planning Commission. I'm just going to tell
you, you might be in a position in the future where you want district
representatives on a new board. And if you put something in there
that just says Planning Commission, you just hamstring yourself for
the future.
So if you can get it a little more generic for the county attorney
and give yourselves some leeway because you have -- right now you
have Planning Commission and you have the Clam Bay Advisory
Board that has district representatives.
MR. KLA TZKOW: But this nomination's going to the Planning
Commission board. It's not going to the general one.
COMMISSIONER COLETTA: Yeah. I feel a little
uncomfortable trying to carry it across paths at that point. I really do.
I think we covered it well enough. I think the rest of the boards
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Agenda Item No. 16K5
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Page 20 of 22
March 10, 2009
that we have, the system works very well. It's just Planning
Commission is the hinge point where everything happens around here.
We want to make sure that we have the right people in there. Who
would know but the commissioner of that district? Past that point, I
think we'd leave it just the way it is.
MS. FILSON: Yeah. The library board has districts, too.
MR. MUDD: Yeah. You have more than just planning.
COMMISSIONER COLETTA: Limit it just to the Planning
Commission.
COMMISSIONER HENNING: Call the motion.
CHAIRMAN FIALA: Okay. All those in favor, signify by
.
saYIng aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETI A: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Okay. It's a 4-1 vote.
MS. FILSON: Okay. Now can I have direction?
COMMISSIONER COYLE: No.
MR. MUDD: No. You can't have direction until the board
approves the ordinance. They gave the county attorney direction to
change the ordinance. The ordinance needs to be advertised, it needs
to come back to the Board of County Commissioners for a vote.
MS. FILSON: Okay.
COMMISSIONER COYLE: But now you've got 12 -- that is --
yeah, 12B. Wherever you moved that thing.
MR. MUDD: We're not there yet.
COMMISSIONER COYLE: 17 A.
MR. MUDD: Ms. Filson was asking about her 9 item as far as
being continued. It's continued until the ordinance is approved by the
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Agenda Item No. 16K5
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March lOt 2009
Board of county Commissioners, and then from there we'll get some
direction.
Item #8A
ORDINANCE 2009-11: AMENDING ORDINANCE NO. 2009-01,
WHICH CREATED THE COLLIER COUNTY EMERGENCY
MEDICAL SERVICES POLICY ADVISORY BOARD, IN ORDER
TO CLARIFY CERTAIN QUALIFICATIONS FOR
APPOINTMENT AND PROVIDE FOR WAIVER OR
MODIFICATION OF THE STATED QUALIFICATIONS WHEN
DEEMED NECESSARY TO APPOINT THE BEST-QUALIFIED
CANDIDATEili) - ADOPTED
MR MUDD: Brings us now to 128, which is 8A on your
agenda, but it used to be 17 A.
COMMISSIONER COYLE: Motion to approve.
MR. MUDD: It's a recommendation that the Board of County
Commissioners --
COMMISSIONER COLETTA: Second.
MR. MUDD: -- adopts an ordinance amending ordinance
number 2009-01 which created the Collier COtulty Emergency Medical
Services Policy Advisory Board in order to clarify certain
qualifications for appointment, and provide for waiver or modification
of the stated qualifications when deemed necessary to appoint the
best-qualified candidate or candidates.
Mr. Klatzkow?
CHAIRMAN FIALA: I already have a motion to approve from
COMMISSIONER HALAS: I'll second it.
CHAIRMAN FIALA: -- Commissioner Coyle. I think I had --
Commissioner Coletta already second it.t
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Agenda Item No. 16K5
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March 10, 2009
COMMISSIONER HALAS: Oh, okay. I'm sorry.
CHAIRMAN FIALA: Thank you.
Any discussion on this item?
(N 0 response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(N 0 response.)
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN FIALA: Okay.
Now we move on to staff and commission general
communications. Mr. Mudd?
MR. MUDD: I will make this as short as I can. When we had
our budget policy guidance to the Board of County Commissioners, I
used a document -- Leo, if you can help me out -- I used a document
that came from the Department of Revenue that had -- that came out
of the ad valorem estimating conference. It was dated December 4th,
2008.
The - if you take a look, it says, Collier County -- it's kind of
highlighted on the sheet, and I'll try to go across from Collier County,
put my finger on it.
CHAIRMAN FIALA: Do you want a ruler?
MR. MUDD: It's right -- it's right here. It basically says minus
14.3 percent. And what was happening at the time on 4 December is
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