Agenda 10/13/2009 Item #17F
Agenda Item No. 17F
October 13, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 75-16, as amended, relating to the conduct of meetings of the Board of
County Commissioners, to modify the procedure for calling a meeting to order in the
absence of the Chairman and Vice Chairman.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance
amending Ordinance No. 75-16, as amended, to modify the procedure for calling a meeting to
order in the absence of the Chairman<and Vice Chairman.
CONSIDERATIONS: The Board's current procedures ordinance, Ordinance No. 75-16, as
amended, proVides in Section One, subsection (l)(e) that "In the absence of the Chairman and
Vice Chairman, the Clerk shall determine if a quorum is present and call for election of a
temporary Chairman to serve until arrival of the Chairman or Vice-Chairman." The reasons for
this proposed change are as follows:
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1. Although this language was appropriate when the Clerk physically attended Board
meetings, it is not presently practical as the Clerk does not typically attend Board
meetings, and may be unavailable to perform this function. If both the Chairman and the
Vice-Chairman are not present, there is no reason why the three Commissioners who are
present cannot on their own elect a Chairman and Vice-Chairman and commence the
meeting.
2. The Ordinance does not address whether the Chairman and Vice-Chairman can perform
such duties if they are attending telephonically. It is the opinion of the County Attorney
that from a practical standpoint, the Commissioner chairing the meeting ought to be
physically present. This would be especially true if the meeting was an Emergency
Session and the Chairman and/or Vice-Chairman were attending by cell phone.
Accordingly, I am seeking Board approval to amend this language as follows:
In the physical absence of the Chairman and 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.
At its September 15, 2009 meeting (Agenda Item 16K8), the Board authorized the County
Attorney to advertise the proposed Ordinance for consideration at a public hearing.
LEGAL CONSIDERATIONS: The proposed amending Ordinance was drafted by the County
Attorney and is legally sufficient for Board action. - JAK
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FISCAL IMP ACT: The cost of advertising the amending Ordinance was $88.57.
Agenda Item No. 17F
October 13, 2009
Page 2 of 7
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board adopts the attached Ordinance amending Ordinance
No. 75-16. as amended, modifying the procedure for calling a meeting to order in the absence of
the Chairman and Vice Chairman as noted herein.
Prepared By: Jeffrey A. Klatzkow. County Attorney
,~-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17F
October 13, 2009
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17F
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 75-16, as amended, relating to the conduct of meetings of the Board of
County Commissioners, to modify the procedure for calling a meeting to order in the absence
of the Chairman and Vice Chairman.
10/13/20099:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
9/30/20094:40:51 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
10/1/2009 2:46 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
10/5/2009 12:04 PM
Approved By
John A. Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
10/5/2009 12:28 PM
Agenda Item No. 17F
October 13, 2009
Page 4 of 7
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY~ FLORIDA~
AMENDING ORDINANCE NO. 75-16~ AS AMENDED,
RELATING TO THE CONDUCT OF MEETINGS OF
THE BOARD OF COUNTY COMMISSIONERS, BY
MODIFYING THE PROCEDURE FOR CALLING A
MEETING TO ORDER IN THE ABSENCE OF THE
CHAIRMAN AND THE VICE CHAIRMAN;
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 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, Ordinance No. 75-16, as amended, provides that in the absence of the
Chairman and Vice Chairman, the Clerk shall determine if a quorum is present and call for
election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman;
and
WHEREAS, the Board of County Commissioners desires to amend this provision of
Ordinance No. 75-16 recognizing that the Clerk may not be available to perform this function
in the event the Chairman and Vice Chairman are absent.
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.
Words Underlined are added; Words Struck TlH'ough are deleted.
Page 1 of3
Agenda Item No. 17F
October 13, 2009
Page 5 of 7
Section One is hereby amended to read a follows:
1. Meetings of the Board of County Commissioners:
******
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 Clerk shall determine if a quorum
is present and call for election of a temporary Chairman to the Board
members present shall elect a teElPorary Chairman and a temporary Vice
Chairman bv maioritv vote, and -the Chairman so elected 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 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 "ordinancell may be changed to
"section," lIartic1e," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filingwith the Department of State.
Words Underlined are added; Words Struck Through are deleted.
Page 2 of3
Agenda Item No. 17F
October 13, 2009
Page 6 of 7
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 Ie al ency:
Words Underlined are added; Words St1l:lck Through are deleted.
Page 3 of 3
Agenda Item No. 17F
October 13, 2009
Page 7 of 7
16D · Saturday,October 3, 2009 . Naples Daily News
NOTICE OF INTENT TO CONSIDER
ORDINANCE
Notice is hereby given thi!t the Board of
County Commissioners of Collier County
will hold a public hearing on Tuesday, Oc-
tober 13, 2009, in the Boardroom, 3rd
Floor, Administration Building, Collier
County Government Center, 3301 East Ta;
miami Trail, Naples. Florida. The meeting
will begin at 9:00 A.M. The title of the
proposed ordinance(s) are as follows:
AN ORDiNANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI.
NANCE NO. 75-16. AS AMENDED, RELAT!
ING TO THE CONDUCT OF MEETINGS OF
THE IlOARD OF COUNTY COMMISSION-
ERS, BY MODIFYING THE PROCEDURE
FOR CALLING A MEETING TO ORDER IN
THE ABSENCE OF THE CHAIRMAN AND
THE VICE CHAIRMAN; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCE; AND PROVIDING
FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 2004-03. THE COLUER COUN-
TY AIRPORT AUTHORITY ORDINANCE,
SPECIFICALLY, SECTION FIVE, "GOVER-
NING BODY; MEMBERSHIP. APPOINT-
MENT AND TERMS OF OFFICE.. IN ORDER
TO PROVIDE FOR THE APPOINTMENT OF
ONE (1) ALTERNATE MEMBER; PROVID-
ING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE, CODE
OF LAWS AND ORDINANCE; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
AN ORDlNANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA. AMENDING ORDI-
NANCE NO. 91-65, AS AMENDED. PER-
TAINING TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE, SPECIFICALLY,
SEa,ION"SEVEN. -FUNCTIONS. ,POWERS
AND DUTIES: IN, ORDER TO REMOV!!"THE
REQUIREMENT FOR COMMITTEE REVIEW
OF ALL REZONING PETITIONS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PRO-
VIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVID-
ING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF
COUNTY' COMMISSIONERS OF COLLIER
COUNTY~. FLORIDA. AMENDING ORDI-
NANCE NO. 1975-16, AS AMENDED, BY
REVISING THE PROCEDURE FOR RECON.
SIDERATION OF MATTERS BY THE BOARD
OF COUNTY ,COMMISSIONERS; PROVID.
ING FOR CONFLICT AND SEVERABilITY;
PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PRO-
VIDING FOR AN EFFECTIVE DATE. '
NOTE: All Persons wishing to speak on
any agenda item must register with the
County Administrator. prior to presenta-
tion of the agenda item to be addressed.
Individual speakers will be limited to 3
minutes on any item, The selection of an
individual to speak on behalf of an orga-
nization or group is encouraged. If re<:-
ognized by the Chair, a spokesperson for
a gr.oup or organization may be allotted
10 minutes to speak on an itel)1.
Persons wishin~ to have written or
graphic materials Included in the Board
agenda packets must submit said material
.
,..,. . /'
a minimum of 3 weeks prior' to tb~ire;':
spective public hear,ing. In any casfl;~ writ-
ten materials ,intended to be considered
, . by th~, Board~ha!!>~e ~ subl1)i~e~ . t9 the
~;;f ~pproprlate', C~u!lty,,"staffa m!nlmum. of
, seven days pnor to, the: publIC' hearing.
All materl~I' used in pr~sentations before
the Board will become a permanent part
of the record. ," d '",
Any person who decides to appeal a de-
cisionof the Board will ne,e,d !i,record of
the proceedings, pertaining it,her,eto and
therefo;e, may ne'ed toensu;eJFi~t. a ver-
batim record of the proceedln!lL~\made,
which record, incl,udes the test!'11Qny a,lJ~ i,
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. ~n-
titled, at no cost to you, to the provIsion
of certain assistance. Please cClntact' the,
Collier County Facilities Management De-'
partment. located at 330,1 ,Ta~iaml Trail
East, Building W. Naples. Flonda 34112.
(239) 252-8380.' 'Assisted listening devices
for the hearing impaired are available in
the County CommiSSioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F,LORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn. Deputy Clerk
(SEAL) , '-
October 3. 2009 No181915S