Agenda 04/26/2011 Item #16K3
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4/26/2011 Item 16.K.3.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise and bring back for future
consideration an amendment to Ordinance No. 1975-16, as amended, relating to the
placement and presentation of matters on the official agenda.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authori.z!l:1ion to
advertise and bring back for consideration an amendment to Ordinance No. 1975-16, as amen~
which will establish standards for placing and presenting matters on the official agenda.
CONSIDERATIONS: On Apri122, 1975, the Board adopted Ordinance No. 1975-16 to
the time, place, and conduct of Board of County Commissioners' meetings. S
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
(Regular, Consent and Summary). 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.
The proposed amending ordinance adds the following provisions to Section One of
Ordinance No. 1975-16:
1. Meetings of the Board of County Commissioners:
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(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 publishin~ of the agenda, matters placed on the agenda should
include as much supporting documents, infonnation, and materials as is needed
to aid the Board in its preparation and deliberation of the agenda item.
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4/26/2011 Item 16.K.3.
Documents. information and materials will not be accepted bv the Board
followim! publication of the agenda. Should additional documents. information
and materials be presented to the Board following publication. the Board m.aL.
by a maiority vote of those present. elect to either continue the agenda item ~a
future Board meeting. or waive this reQuirement and hear the matter if. it
determines that the a~enda item is of significant public importance and should
not be postponed.
~ ill All requests for a continuance of an agenda item, including matters advertised
for a public hearing, require Board of County Commission approval. No per.
shall be entitled to rely for any reason upon any assurances that an agendJl::' ,""
or public hearing will be continued. A continuance shall only be gmn~'
affirmative vote of the majority of the Board Members present. .
If approved, I will advertise and bring back the attached amending ordinance for Board
consideration.
LEGAL CONSIDERATIONS: The proposed amendment is legally sufficient for Board action.
-JAK
FISCAL IMPACT: 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 to advertise and bring back for the Board's consideration the attached amendment to
Ordinance No. 1975-16, as amended, relating to the presentation of matters placed on the official
agenda. .
Prepared Bv: Jeffrey A. Klatzkow, County Attorney
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4/26/2011 Item 16.K.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
Item Summary: Recommendation to authorize the County Attorney to advertise and
bring back for future consideration an amendment to Ordinance No. 1975-16, as amended,
relating to the placement and presentation of matters on the official agenda.
Meeting Date: 4/26/2011
Prepared By
Name: CrotteauKathynelI
Title: Legal Secretary, County Attorney
4/20/2011 1 :52:57 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2011 2:49:25 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/20/20112:55:06 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/20/2011 3:19:23 PM
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4/26/2011 Item 16.K.3.
ORDINANCE NO. 2011-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SECTION ONE OF
ORDINANCE NO. 75-16, AS AMENDED, "MEETINGS OF TIlE BOARD
OF COUNTY COMMISSIONERS," BY ADDING 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, the Board desires to amend Ordinance No. 75-16, as amended, in order to
establish minimum requirements relating to the placement of back-up material to items on the
official agenda; and
WHEREAS, the intent of this change to ensure that the Board's deliberation of any
matter is based on the most accurate and comprehensive information available and to aid the
public in understanding the issues presented; and
WHEREAS, so as not to impede the progress of an agenda item that is time sensitive or
of significant public importance, the Board also desires a process whereby these requirements
may be waived by a maj ority vote.
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:
'l<*'l<lf<lf<lf<
Words Underlined are added; Words Struek Through are deleted.
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4/26/2011 Item 16.K.3.
(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 Vublishing 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 acceoted by the Board
following publication of the agenda. Should additional documents.
information and materials be presented to the Board following publication. the
Board may. bv 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.
~ ffi 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.
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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 Struek Through are deleted.
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4/26/2011 Item 16.K.3.
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 II section/I "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
, 2011.
ATTEST:
DWIGHT E. BROCK., CLERK.
BOARD OF COUNTY 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 Strock Through are deleted.
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