Agenda 12/14/2010 Item # 9D
Agenda Item No. 9D
December 14, 2010
Page 1 of 6
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MEMORANDUM
DATE: November 23, 2010
TO: Leo Ochs, County Manager
FROM: Commissioner Tom Henning, District 3
SUBJECT: North Collier Recyeling Drop Off Center
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The above captioned item was heard at the October 26, 20 10 Board of County Commissioners
meeting, item # 1 OE. Please accept this memorandum as my official request to bring this item back
to the Board of County Commissioners for reconsideration at the December 14,2010 Board of
County Commissioners Mecting.
Please find attached the subsequent backup material regarding reconsideration of this item along
with this memorandum.
If you have any questions, please feel free to contact me.
Tom Henning
Commissioner, District 3
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TH:ps
Enclosure
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December 14, 2{j~e 0'
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Collier County. Florida, Code of Ordinances>> PART 1- CODE>> Chapter 2 - ADMINISTRATION >> ARTICLE 11.-
BOARD OF COUNTY COMMISSIONERS >> DIVISION 2. - MEETINGS >>
DIVISION 2. - MEETINGS
Sec. 2.36. . General orovislons.
Sec. 2.37. -Addressina the Commission.
Sec. 2-38. - $eraeanl.al.arms.
Sec. 2-39. . Action 10 be taken bv resolution ordinance or motion
Sec, 2-40. . Adjournment
Sec, 2-41. . Reconsideration of matters aenerallv.
Sec 2-42.. Reconsideration of land use matters.
Sec 2-43-2.65, . Reserved
See, 2-36. - General provisions.
(a)
Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9;00 a.m. each second
and fourth Tuesday, except on a day designated as a holiday, interim recess, or as otherwise directed by an affirmative
vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the
majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall
be open to the news media and the public. Meetings may be held in other locations within the County.
Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his
designee shall notify the Clerk, the County Altorney, and issue press releases advising of the place, date and hour of the
meeting and the purpose for which the meeting is called.
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 malter, 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. Malters may be placed
on the agenda by the County Manager, any County Commissioner, the Clerk, the County Altorney, and the
constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular
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(3) All requests for a continuance of an agenda item, including malters advertised ior 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.
Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majorijy of the
members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board
meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not reelected as
Commissioners in any given year, the Board of County Commissioners shall elect a Chairman and/or Vice-Chairman, as
applicable, on the third Tuesday after the first Monday in November to temporarily serve until the first regularly scheduled
Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice-
Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. The
Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and
decorum at all meetings. He shall state every question and announce the decision of the commission on each item of
business. The majority vote of the members present shall determine all questions of order not otherwise covered. The
Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions
and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such
ordinances, resolutions and legally binding documents shall be signed by the presiding officer.
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 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.
Quorum. A majority of the Board shall constitute a quorum. No resoiution, legally binding document or motion shall be
adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within
30 minutes after the hour appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his
designee, may adjourn the meeting.
(b)
(c)
(d)
(e)
(I)
(g)
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Super-Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution
adopted by a majority of the fuil membership of the Board, and notwithstanding subsection (f), a motion, ordinance, leg
binding document or resolution may be required to be adopted by an affirmative vote of four-fifths (4/5) of the fuil
membership of the Board.
(h) Rules of debate. The foilowing rules of debate shail be observed by the Board. Except as herein provided questions of
order and the conduct of business shail be governed by Robert's Rules of Order.
(1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other
motion shail be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the
question is decided. These countermotlons shail have preference in the order in which they are mentioned, and the
first two shail be decided without debate. Final action upon a pending motion may be deferred until the next meeting
by majority of the members present.
(2) Chaitman participation. The presiding Chairman may move, second and debate from the chair, and shail not be
deprived of any of the nghts and privileges of a Commissioner by reason of being the presiding Chairman.
(3) Fotm of address. Each member shail address only the presiding officer for recognition, shall confine himself to the
question under debate, and shail avoid personalities and indecorous language.
(4) Interruption. A member, once recognized, shail not be interrupted except by a cail to order or as herein otherwise
provided. If a member is cailed to order, he shail stop speaking untii the question is determined by the presiding
officer. Any member may appeal the decision of the Chairman to the Board for decision by majority vote.
(5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shail
have the privilege of closing debate unless otherwise directed by the chair.
(6) The question. Upon the closing of debate any member may require a roil call vote. Any member may give a brief
statement or file a written explanation of his or her vote.
(i) Minutes. The minutes of prior meetings approved by a majority of the members present shail become the official minutes.
Each resolution, ordinance and legaily binding document shail be signed by the presiding officer at the meeting and by the
Clerk and entered in the minutes.
(Ord. No. 7S-16, ~ 1(1); Ord. No. 85-20, ~ I; Ord. No. 87-14, ~ 1; Ord. No. 88-04, ~ I; Ord. No. 90.27, ~ 1; Ord. No. 2007-02, U 1-3; Ord. No. 07.50, ~
1; Ord. No. 2009-52, ~ 1)
See, 2-37, - Addressing the Commission,
(a) If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an
affirmative vote of a majority of all Board members present that the subject should not be delayed until the next meeting.
(b) Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action
shail be governed by the foilowing procedure:
(1) Prior to addressing the Board the speaker shail approach any pOdium or any other place otherwise designated by
the Board of County Commissioners for this purpose and clearly state his or her fuil name, home address, the name
of the person or entity that he or she represents and the subject of his or her address.
(2) Before providing factual Information or expert opinion the speaker may ask, and any Commissioner may require the
speaker to be placed under the foilowing oath with right hand upraised:
"I wiilfuily swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing
but the truth, and not inconsistent or contradictory with other statements made by me under oath."
No person shail be required to take this oath more than once in any given day, but shail be reminded he is under
oath before again addressing Ihe Board. Each commissioner, shail take the oath one time and be considered under
oath during the term of his office.
Those asking questions or desiring to comment on a matter before the Board shail not be required to take the oath.
Any Commissioner may at any time request such a speaker to take the above oath.
(3) Each person shaillimit his address to three minutes unless granted additional time by the Chairman or by an
affirmative vote of the majority of the Board members present. Ail remarks shall be to the Board as a body and not
to any individual member. No person other than a Commissioner shail discuss directly or through a Commissioner,
without authorization of the presiding officer.
(4) Any person making impertinent or slanderous remarks or who becomes boisterous shall be instructed to remain
siient by the presiding officer, until permission to continue is granted.
(Ord. No. 75.16, ~ 1(2); Ord. No. 07-50, ~ 1)
See, 2-38, - Sergeant-at-arms,
The County Sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and
shall carry out all orders of the Chairman to maintain order and decorum.
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(Ord. No. 75-18, ~ 1(3); Ord. No. 07-50, ~ 1)
Sec. 2-39. - Action to be taken by resolution, ordinance or motion.
Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document
approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded
in the minutes.
(Ord. No. 75-18, ~ 1(4); Ord. No. 07.50, ~ 1)
Sec. 2-40. - Adjournment.
A motion to adjourn shall always be in order and decided without debate.
(Ord. No. 75-16, ~ 1(5); Ord. No. 07-50, ~ 1)
Sec. 2-41. - Reconsideration of matters generally,
(a) 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
adjoumment 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 (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 (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:
a, 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 reguiar 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.
b. No motion to reconsider shall be made any later than the second reguiar Board meeting following the Board's
vote on the matter sought to be reconsidered.
c. Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not iater
than the second reguiar Commission meeting following the meeting at which the motion for reconsideration
was adopted.
d. 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.
(b) Thi5 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)
Sec. 2-42. - Reconsideration of land use matters.
(a)
Applicability. Any matter in which the Board of County Commissioners or Board of Zoning Appeals, as the case may be,
has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a
petitioner or his or her agent, variance, conditional use, license, permit or other land use-related requesl.
Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The
petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of
the Board's action denying the original petition. This request shall be jurisdictional, and no motion for reconsideration may
be made by any member of the Board where such a request was untimely.
Motion for reconsideration by a Board member who voted in the majority. Any member of the Board who voted with the
majority (or in the case of a rezoning or change in land use designation, voted against) on the original action or petition
may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of
(b)
(c)
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the request for reconsideration. If no regular meeting of the Board occurs within 15 days of the request for reconsideration.
the Board member may move for a reconsideration of the action or petition no later than the first meeting of the Board t>
follows the County Manager's receipt of the request for consideration. This motion shall be made during that portion of I
Board's agenda entitled "Board of County Commissioners," If no motion for reconsideration is made during this time
period, the request shall be deemed denied. The motion may specify a date certain on which the action or petition will be
reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 45 days from the date
the motion 10 reconsider is adopted.
(d) Acfion on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which
such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not
finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be
deemed to have been denied.
(e) Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County Manager shall schedule
the petition on the agenda for the regular Board meeting which was specified in the motion for reconsideration, or if no
date is specified then on the second regular Board meeting following the meeting at which the motion is granted.
(f) No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require pUblic hearing, and
neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a
motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform
itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person
from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the
petition is reconsidered.
(g) [Procedures outlined.] The procedures outlined herein shall not constitute an administrative remedy, and the defense of
failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead
elects to pursue judicial remedies following the denial of the pelition. The time period for seeking judicial relief following
denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such
matter, and a motion hereunder shall not alter such time period.
(h) [Initial vote.] Where the initial vote was made after an advertised publiC hearing, any reconsideration of such vote shall
comply with all advertisement and notice provisions that were legally required for the initial pUblic hearing.
(Ord. No. 81-54, 5 2; Ord. No. 88-41, 51; Ord. No. 07-50, 52)
land Development Code reference-Zoning amendments, ~ 2.7.2.
State law reference- Adoption of rezoning ordinances, F,S. ~ 125,66(5).
Sec. 2-43-2-65. - Reserved.
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Item Summary:
Meeting Date:
Agenda Item No. 9D
December 14. 2010
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
90
Request to reconsider Agenda Item Number 10E which was previously approved by the
Board of County Commissioners at the October 26,2010 BCC Meeting regarding the North
Collier Recycling Drop Off Center. (Commissioner Henning)
12/14/20109:0000 AM
Approved By
leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
12/5/20103:07 PM