Agenda 06/28/2022 Item #10C (Reconsideration of NIM Meeting Motion from June 13, 2022)06/28/2022
EXECUTIVE SUMMARY
Commissioner LoCastro’s Request for Reconsideration of a Motion by Commissioner Solis to
consider the Neighborhood Information Meeting (NIM) meeting held June 13, 2022, at the Sports
Park a qualifying meeting, made during discussion of item 10C at the June 14, 2022, BCC meeting.
_____________________________________________________________________________________
OBJECTIVE: To discuss whether the Board wishes to reconsider its motion to have the NIM meeting
held June 13, 2022, at the Sports Park a qualifying meeting.
CONSIDERATIONS: On June 13, 2022, a Neighborhood Information Meeting (NIM) was held at the
Sports Park to discuss the Vanderbilt-Collier Planned Unit Development proposed rezone. The meeting
had to be cut short due to the disruptions caused by a number of attendees. After viewing video of the
event, the Board following discussion by motion unanimously held that the June 13, 2022, qualified as the
required NIM meeting so that the project could move forward.
By email to County Manager Amy Patterson Commissioner LoCastro has requested that the Board
discuss whether to reconsider this motion. A copy of Commissioner LoCastro’s email is included as
back-up. The Commissioner is not suggesting he’s in favor of changing his vote… Commissioner
LoCastro merely wants to raise the issue to all Commissioner’s if there is interest in discussing
reconsideration or if the unanimous vote to count the NIM should stand.
LEGAL CONSIDERATIONS: Reconsideration of a Board action is a two-step process, held over
two separate Board meetings. The first step is a vote on whether the Board wishes to reconsider the
matter. If so, the second step is that the matter is brought back at a future Board meeting for discussion.
The relevant portion of the reconsideration ordinance is set forth below:
Sec. 2-41. - Reconsideration of matters generally.
(a) Except for contracts, any matter which has been voted upon by the Board of County
Commissioners may be reconsidered as follows:
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(2) By a motion to reconsider made by a member who voted with the majority if such motion is
made at a regular meeting following the meeting at which the matter was voted upon, but only
in accordance with the following:
(I) Where a member who vote d with the majority wishes the Board to reconsider a matter after
the adjournment of the meeting at which it was voted on, the member shall deliver to the
County Manager a written memorandum stating that the member intends to introduce a motion
to reconsider. The memorandum shall state the date of the regular meeting at which the
member intends to introduce such motion, and shall be delivered to the County Manager at
least six days prior to such meeting. The purpose of this requirement is to allow the staff to
advise the Board of the legal or other ramifications of reconsideration.
(ii) No motion to reconsider shall be made any later than the second regular Board meeting
following the Board's vote on the matter sought to be reconsidered.
(iii) Upon adoption of a motion to reconsider, the County Manager shall place the item on an
agenda not later than the second regular Commission meeting following the meeting at which
the motion for reconsideration was adopted.
10.C
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06/28/2022
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FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board consider Commissioner LoCastro’s Request for
Reconsideration of a Motion by Commissioner Solis to consider the NIM meeting held June 13, 2022, at
the Sports Park a qualifying meeting.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. email RE_ Reconsideration Procedure (6-20-22) (PDF)
10.C
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06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.C
Doc ID: 22615
Item Summary: Commissioner LoCastro’s Request for Reconsideration of a Motion by
Commissioner Solis to consider the Neighborhood Information Meeting (NIM) meeting held June 13,
2022, at the Sports Park a qualifying meeting, made during discussion of item 10C at the June 14, 2022,
BCC meeting.
Meeting Date: 06/28/2022
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
06/20/2022 4:45 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/20/2022 4:45 PM
Approved By:
Review:
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/21/2022 8:12 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/21/2022 9:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/22/2022 11:53 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/22/2022 2:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
10.C
Packet Pg. 111
From:LoCastroRick
To:KlatzkowJeff
Cc:PattersonAmy
Subject:RE: Reconsideration Procedure
Date:Monday, June 20, 2022 9:51:58 AM
Attachments:image011.png
Amy
I'd like to make the recommendation.
NOT to change my vote… but to bring back this topic for discussion and see if the
Commissioners agree we should entertain reconsidering counting that NIM.
What's the next step to do that at our next BCC meeting?
…Rick
RICK LOCASTRO
Collier County Commissioner
District 1
SIGN UP FOR MY NEWSLETTER HERE !
Rick.LoCastro@CollierCountyFL.gov
3299 Tamiami Trail E, Suite 303, Naples FL 34112
Office: (239) 252-8601
Mobile: (239) 777-2452
www.RickLoCastro.com
From: KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>
Sent: Friday, June 17, 2022 3:45 PM
To: LoCastroRick <Rick.LoCastro@colliercountyfl.gov>
Cc: PattersonAmy <Amy.Patterson@colliercountyfl.gov>
Subject: Reconsideration Procedure
Commissioner:
10.C.1
Packet Pg. 112 Attachment: email RE_ Reconsideration Procedure (6-20-22) (22615 : Request for Reconsideration by Commissioner LoCastro)
Amy Patterson has advised me that you would like the Board to reconsider
its motion with respect to the NIM Meeting conducted at the Sports Park.
The process is set forth in the ordinance set forth below:
Sec. 2-41. - Reconsideration of matters generally.
(a) Except for contracts, any matter which has been voted upon by the
Board of County Commissioners may be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the
majority if such motion is made prior to the adjournment of the meeting
at which the matter was voted upon. If there were no public speakers on
the item, or if all of the public speakers for the item are still present in the
boardroom following a successful motion to reconsider, the Board may
elect to rehear the matter during that meeting, or direct the County
Manager to place the item on the agenda for a future meeting as set forth
in subsection (a)(2). If there were public speakers for the item, and not all
of the public speakers are still present in the boardroom following a
successful motion to reconsider, the County Manager will place the item
on the agenda for a future meeting as set forth in subsection (a)(2).
(2) By a motion to reconsider made by a member who voted with the
majority if such motion is made at a regular meeting following the
meeting at which the matter was voted upon, but only in accordance with
the following:
(i) Where a member who voted with the majority wishes the Board to
reconsider a matter after the adjournment of the meeting at which it was
voted on, the member shall deliver to the County Manager a written
memorandum stating that the member intends to introduce a motion to
reconsider. The memorandum shall state the date of the regular meeting
at which the member intends to introduce such motion, and shall be
delivered to the County Manager at least six days prior to such meeting.
The purpose of this requirement is to allow the staff to advise the Board
of the legal or other ramifications of reconsideration.
(ii) No motion to reconsider shall be made any later than the second
regular Board meeting following the Board's vote on the matter sought to
be reconsidered.
(iii) Upon adoption of a motion to reconsider, the County Manager shall
place the item on an agenda not later than the second regular
Commission meeting following the meeting at which the motion for
reconsideration was adopted.
10.C.1
Packet Pg. 113 Attachment: email RE_ Reconsideration Procedure (6-20-22) (22615 : Request for Reconsideration by Commissioner LoCastro)
(iv) All parties who participated by speaking, submitting registration
forms or written materials at the first hearing, shall be notified by the
County Manager of the date of reconsideration.
(v) Contracts may only be reconsidered by motion made prior to the
adjournment of the meeting at which the matter was voted upon. For
purposes of this subsection, a contract is defined as an agreement which
is legally binding and enforceable in a court of law.
(b) This section shall apply to any matters which may lawfully be
reconsidered except those matters which are covered by Paragraph 7
below.
(Ord. No. 81-54, § 1; Ord. No. 07-50, § 2; Ord. No. 2009-52, § 1; Ord.
No. 2015-53, § 1)
If this is what you wish to do, a simple email to Amy of this intent in
conformance with the highlighted will suffice. Amy and I will take care of the
rest. As the Board may be taking its scheduled summer recess, to avoid
hardship to the applicant the motion ought to be made at the Board’s next
meeting. If the motion passes, the matter would be heard at the Board’s July
12th meeting.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
10.C.1
Packet Pg. 114 Attachment: email RE_ Reconsideration Procedure (6-20-22) (22615 : Request for Reconsideration by Commissioner LoCastro)