Agenda 03/11/2014 Item #17E3/11/2014
EXECUTIVE SUMMARY
Recommendation to adopt 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:
1. 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 gWorting documents, information. and materials as is needed
to aid the Board in its pWaration 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 material s be presented to the Board following publication, the Board may.
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by a maiority 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.
(3) M 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 Manager. 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).
At its February 25, 2014 regular meeting, the Board authorized the County Attorney to
advertise an Ordinance for future Board consideration that incorporates the above amendment to
Ordinance No. 1975 -16.
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 EWPACT: The cost of advertising the amending Ordinance was $205.22.
GROWTH MANAGEMENT EWPACT: None.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance amending 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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3/11/2014 17.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E.
Item Summary: Recommendation to adopt an amendment to Ordinance No. 1975 -16, as
amended, relating to the placement and presentation of matters on the official agenda.
Meeting Date: 3/11/2014
Prepared By
Name: Click here to enter text.
Title: Click here to enter text.
Date: Click here to enter text.
Approved By
Name: klatzkowjeff
Title: County Attorney,
Date: 02/27/2014 04:27:44 PM
Name: markisackson
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 03/04/2014 09:56:50 AM
Name: ochs_I
Title: County Manager, County Managers Office
Date: 03/04/2014 10:45:18 AM
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3/11/2014 17.E.
ORDINANCE NO. 2014- �
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75 -16, AS AMENDED, "MEETINGS OF THE BOARD
OF COUNTY COMMISSIONERS," IN ORDER TO MODIFY
PROVISIONS RELATING TO THE PRESENTATION OF MATTERS
PLACED ON THE OFFICIAL AGENDA; 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 (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 reflect the evolving
practices and procedures relating to the meetings of the Board of County Commissioners; and
WHEREAS, through its adoption of Ordinance No. 2011 -17, the Board established
minimum requirements relating to the placement of back -up material to items on the official
agenda following the publication of the agenda; and
WHEREAS, the Board desires to further amend Ordinance No. 75 -16 so as to allow a
Commissioner or the County Manager to offer documents, information, and materials related to
an agenda item following _publication of the agenda.
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.
Section One is hereby amended as follows:
1. 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.
Words Underlined are added; Words Stmelcme"h are deleted.
T%--- . _rte
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3/11 /2014 17.
(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 unless offered by a Commissioner or the
County Manager. 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..
(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.
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
Words Underlined are added; Words Stmok :Pmeu& are deleted.
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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: EFFECTIVE 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 .2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
TOM HENNING, CHAIRMAN
Words Underlined are added; Words Staslcweeo are deleted.
T___ q -Ir f
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241) N Friday, February28, 2014 A NAPLES DAILY NEWS
a
NOTICE OF INTENT TO CONSIDER ORDINANCES
Notice is hereby' given that on. Tuesday, March 11, 2014, in "the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East,'Naples, Florida, the board of County Commissioners will consider the
enactment of County Ordinances. The.meeting will commence at 9:00 A.M. The
titles of the proposed Ordinances are as follows:
AN ORDINANCE. Of COLLIER COUNTY, FLORIDA,' -TO BE KNOWWAS "THE NATURAL
GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO
CONSTRUCT,' OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR
UPON THE PUBLIC RIGHTS-OF -WAY OF COWER COUNTY; CREATING A NATURAL
GAS FRANCHISE AGREEMENT MAKING FINDINGS AND PROVIDING FOR
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
a.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75 -16, AS
AMENDED, 'MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," IN ORDER
TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED
ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILTTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of thq proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard,
NOTE: All persons wishing to. speak on any. agenda item must register witF the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes'on any Rem. The selection -of an
individual to speak on behalf of an organization or .group is encouraged. If
recognized by the Chairman; a spokesperson for a. group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material .iniended to be -considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations. before the Board will
.become a permanent part of the record.
Any person who decides -to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure a verbatim
record of the proceedings is made, which record includes the testimony and
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 entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380: Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLDER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
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