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Agenda 05/26/2009 Item #16K5 Agenda Item No. 16K5 May 26, 2009 Page 1 of 22 EXECUTIVE SUMMARY Request that the Board of County Commissioners directs the County Attorney to advertise an ordinance amending the Collier County Planning Commission Ordinance by requiring that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and eliminating term limits. This request is contingent on the Board this date enacting the proposed ordinance which relocates the Collier County Planning Commission Ordinance from the Collier County Land Development Code to the Code of Laws and Ordinances. OBJECTIVE: To obtain Board direction to advertise an ordinance which would amend the Collier County Planning Commission Ordinance by requiring that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and eliminating term limits. CONSIDERATIONS: This proposed ordinance is in furtherance of prior Board direction. ,- There is a related item before the Board this date which seeks the Board's Approval to enact a proposed ordinance which relocates the Collier County Planning Commission Ordinance from the Collier County Land Development Code to the Code of Laws and Ordinances. If the Board does not enact this ordinance, then the County Attorney will bring back this proposed amendment as part of an upcoming LDC Cycle. If the Board approves both the proposed relocation ordinance and this item, the County Attorney will advertised this ordinance and bring it back for approval on the Summary Agenda ofthe next available Board meeting. FISCAL IMPACT: Approximately $400, representing the cost of advertising. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney. This is a regular Board item requiring simple majority vote. -JAK RECOMMENDATION: Contingent on the Board this date enacting the proposed ordinance which relocates the Collier County Planning Commission Ordinance from the Collier County Land Development Code to the Code of Laws and Ordinances, that the Board of County Commissioners directs the County Attorney to advertise the attached ordinance which would amend the Collier County Planning Commission Ordinance by requiring that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and eliminating term limits. PREPARED BY: Jeffrey A. Klatzkow, County Attorney _. Page I of 1 Agenda Item No. 16K5 May 26, 2009 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K5 Request that the Board of County Commissioners directs the County Attorney to advertise an ordinance amending the Collier County Planning Commission Ordinance by requiring that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms. This request is contingent on the Board this date enacting the proposed ordinance which relocates the Collier County Planning Commission Ordinance from the Collier County Land Development Code to the Code of Laws and Ordinances. (Companion to Item 17G) Meeting Date: 5/26/2009 9:00:00 AM Prepared By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/14f2009 2:54:54 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/14/20093:03 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/15/2009 9:59 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 5/15/20092:53 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 5/16f2009 10:26 AM Comm issioners file://C:\AgendaTest\Export\130-May%2026, %202009\ 16. %20CONSENT%20AGENDA \1... 5/20/2009 Agenda Item No. 16K5 May 26, 2009 Page 3 of 22 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY PLANNING COMMISSION ORDINANCE BY REQUIRING THAT CANDIDATES FOR THE PLANNING COMMISSION MUST BE NOMINATED BY THE COMMISSIONER OF THE DISTRICT IN WHICH THE CANDIDATE RESIDES FOR BOTH INITIAL AND SUBSEQUENT TERMS AND DELETING THE PROVISION REGARDING TERM LIMITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 2009-_ sets forth the establishment, powers and duties of the Collier County Planning Commission; and WHEREAS, the Board fInds that it is in the public interest to require that candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION (2) OF ORDINANCE NO. 2009--, Section (2) is hereby amended to read as follows: (2) Membership ***** B. Appointment. The Planning Commission shall be composed of 9 members to be appointed by the BCC. Candidates for the Planning Commission must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms. All reappointments to the Planning Commission shall be made so as to achieve the following geographical distribution of membership: 1. One member: County Commission District No.4. 2. Two members: County Commission District No.1. 3. Two members: County Commission District No.2. 4. Two members: County Commission District No.3. 5. Two members: County Commission District No.5 (one from Immokalee). 6. One member: Appointed by the school district. Words Underlined are added; Words Struck Through are deleted. Page I of3 Agenda Item No. 16K5 May 26, 2009 Page 4 of 22 C. Tenn. Each appointment or reappointment shall be for a term of 4 years. Each appointment and reappointment shall be made so that the terms of any 2 members from a single commission district shall not expire in the same year. Appointments to fill any vacancy on the Planning Commission shall be for the remainder of the unexpired term of office. D. ReBppeintmcllt. A mem.ber may be reappointed by the BCC for only 1 sueeessive term, unless there are BO other qualified applicants f-or the member's position. l\ppointments to fill any vacaney on the Planning Commission shall be f{)r the remainder ofthe unexpired term of offiee. B D. Removal from office. 1. Any member of the Planning Commission may be removed from office by a four- fifths vote of the BCC, but such member shall be entitled to a public hearing and reconsideration of the vote if he so requests in writing within 30 days of the date on which the vote is taken. 2. If any member of the Planning Commission fails to attend 2 consecutive Planning Commission meetings without cause, the Planning Commission shall declare the member's office vacant and the vacancy shall be filled by the BCC. I<: E. Officers. The membership of the Planning Commission shall elect a chairman and vice- chairman from among the members. Officers' terms shall be for 1 year, with eligibility for reelection. 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 "ordinance" may be changed to "section," "article," or any other appropriate word. Words Underlined are added; Words 8truElk Threl:lgft are deleted. Page 2 00 Agenda Item No. 16K5 May 26,2009 Page 5 of 22 SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 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 legal sufficiency: Jeffrey A. Klatzkow County Attorney Words Underlined are added; Words St:r1iek TbreYgfl are deleted. Page 3 of3 Agenda Item No. 16K5 May 26, 2009 Page 6 of 22 March 10, 2009 MS. MITCHELL: Yeah, Section 30, Township 49, Range 27 east. COMMISSIONER HENNING: It's coming to the Board of County Commissioners. MS. MITCHELL: It's coming, it's coming. I'm just here to let you know that it's a county problem. It needs to be dealt with. It's not water management's issue. It's the county's problem. It's the county's . Issue. I'm just growing trees out there. I have an occupational license to grow trees out there. I'm using best management practices. I'm not bothering anybody, but I've got this neighbor who seems to be absolutely unstable. I'm just giving you a heads up. I don't want to be here when they're here, so I'm appealing to you to make the right decision for the future of agriculture in Collier County. COMMISSIONER HENNING: I guess this is part of ex parte communication when it comes up. CHAIRMAN FIALA: Thank you, Ms. Mitchell. MS. MITCHELL: Thank you for your time. Item #12A DIRECTION WHETHER TO AMEND ORDINANCE NO. 01-55 (THE ADVISORY BOARD ORDINANCE) WITH RESPECT TO TERM LIMITS. THE ORDINANCE PRESENTLY LIMITS AN ADVISORY BOARD MEMBER TO TWO TERMS, ABSENT UNANIMOUS BOARD APPROVAL FOR AN ADDITIONAL TERM - MOTION TO ADVERTISE AS AMENDED - APPROVED CHAIRMAN FIALA: On to number 12A. MR. MUDD: Yes, ma'am. And that is a recommendation that Page 200 Agenda Item No. 16K5 May 26,2009 Page 7 of 22 March 10, 2009 the Board of County Commissioners provides direction whether to amend ordinance number 2001-55, the advisory board ordinance, with respect to term limits. The ordinance presently limits an advisory board member to two terms absent unanimous board approval for an additional term, and I believe Mr. Klatzkow will present on this item. MR. KLA TZKOW: And I'm just seeking direction from the board whether or not you want to maintain the two-term limit, or whatever the board's -- CHAIRMAN FIALA: I don't know who was frrst. COMMISSIONER COLETTA: I think I was. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think that the direction we should go - think about it for a moment. The Collier County Commissioners themselves, we don't have -- we don't have term limits. Yes, we do. It's called death. But put that aside. I think we're not serving our public by putting term limits in place and having to go through this rigmarole every time it comes up. We get somebody in there that's totally capable, I do believe that, you know, we should just be able to move forward; however, with that said, I would suggest that we consider a couple of things. One thing would be, as far as the Planning Commission goes and Productivity Committee, you know, we have people that we appoint more or less from different districts to try to come up with a balance, that the person that's coming forward that received an appointment from the commissioner from that district can be one of the three votes that would be putting them in. CHAlRMAN FIALA: On each one of the committees? COMMISSIONER COLETTA: No, no. I'm talking about the Planning Commission and Productivity Committee. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: That would be a suggestion. I wanted to give it to you as an idea for discussion. But my motion Page 201 Agenda Item No. 16K5 May 26, 2009 Page 8 of 22 March 10, 2009 would be, is to do away with the term limits and to have it where it only takes a majority to be able to keep a person or appoint a person to the different committees regardless of how long they're there. And the other thing which is open for discussion would be the idea of having it where the sitting commissioner of that district as far as the Productivity Committee goes or the Planning Commission, would have to agree to make that appointment to be able to move that person forward, because who would know better than the sitting commissioner of that district who would be the best person as far as to represent that district? CHAIRMAN FIALA: So you have three parts to your motion; is that correct? COMMISSIONER COLETTA: That's correct. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER COYLE: I have a question. CHAIRMAN FIALA: Yes. COMMISSIONER COYLE: Okay? If that's all right. Here's the problem. With respect to the commissioner nominating someone who has applied and expecting that commissioner to know if that person is better qualified than someone in another district, it's almost impossible. I mean, you'd just -- you'd just be -- for example, let's suppose we had two nominees and one was from your district. COMMISSIONER COLETTA: No. You missed the whole point. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: The Productivity and the Planning Commission are appointed by districts. MS. FILSON: No, sir. The Planning Commission is. The Productivity Committee is not. COMMISSIONER COLETTA: Okay. I'm sorry, you're right. The Planning Commission is appointed by the district. The Page 202 Agenda Item No. 16K5 May 26, 2009 Page 9 of 22 March 1 O~ 2009 Productivity Committee - so strike Productivity Committee. COMMISSIONER COYLE: Okay. Now we're all right. COMMISSIONER COLETTA: Okay, you're right. That was an oversight on my part. So it would be for the Planning Commission. COMMISSIONER COYLE: Okay. I'm okay there. The -- I'm not sure that doing away entirely with the term limits is such a good idea. You might want to keep term limits but make it a simple majority, and that way it gives you an opportunity, if someone isn't performing up to standard when their term limit applies, you could just let them drop off if you want to without embarrassing them and just selecting somebody else. I think it provides an easier way of permitting some new blood to be brought into -- COMMISSIONER COLETTA: And I'll tell you what, Commissioner Coy le~ if one other person agrees with you, I'll be more than happy to change it to that. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I agree to that. COMMISSIONER COLETTA: Okay. Then that's changed. CHAIRMAN FIALA: Okay. So then do I have a second to his motion? COMMISSIONER COYLE: You sure do. CHAIRMAN FIALA: Okay, fme. MS. FILSON: Who made the motion? COMMISSIONER COYLE: He made the motion, I seconded it. COMMISSIONER COLETTA: Oh, Commissioner Coletta did. MS. FILSON: Okay. Then can I get some direction? COMMISSIONER COLETTA: Sure. MS. FILSON: And this is in reference to the Productivity Committee, it was continued pending your amendment of this ordinance. Are you now directing me to readvertise and retain the current applicants that I have? COMMISSIONER COYLE: No, because this motion hasn't Page 203 Agenda Item No. 16K5 May 26, 2009 Page 10 of 22 March 10, 2009 been voted on and approved, so we don't know where it's going. So we need to finish with this item, and then we can get to that. MS. FILSON: Okay. MR. MUDD: Come back with an ordinance. COMMISSIONER COLETTA: But this motion also includes not only the Productivity Committee, but the Planning Commission? COMMISSIONER COYLE: All of the committees, everything. This motion deals with all of our committees; is that not correct, Jeff? MR. KLATZKOW: It's my understanding --let's get clarification. We're amending the general board ordinance. COMMISSIONER COYLE: Ordinance. MR. KLA TZKOW: The general advisory board ordinance, and at this point we're keeping term limits. COMMISSIONER COYLE: But we're having a simple majority. MR. KLATZKOW: But what's the difference ifit's a simple majority because it's always a simple majority if it's -- COMMISSIONER COYLE: Nomination. MR. KLA TZKOW: -- term limits or not? CHAIRMAN FIALA: Nothing unanimous though -- COMMISSIONER COYLE: We're keeping the term limits. COMMISSIONER HALAS: Supennajority. COMMISSIONER COYLE: But I know that -- COMMISSIONER COLETTA: That's what you said earlier. CHAIRMAN FIALA: No, he didn't. He said majority. COMMISSIONER COYLE: No. I said simple majority, simple, simple majority. MR. KLA TZKOW: Simple majority is for whether you're there one term, two terms, three terms, four terms. COMMISSIONER COYLE: That's correct. That's right. MS. FILSON: Anything over two terms, that's what it is now. Two terms take a unanimous vote. MR. KLATZKOW: Well, now it's unanimous, but-- Page 204 Agenda Item No. 16K5 May 26,2009 Page 11 of 22 March 10,2009 COMMISSIONER COYLE: Okay, all right. Let's go through this step by step now. I've got Elvis here and we're going to vote on Elvis being reappointed to the position, right? Elvis has only one term. We're not dealing with term limits, okay. Now, we've got Tom who has served for three terms, which is in excess of the normal term limits. If we want to nominate him, we -- three of us can nominate that person. Are you suggesting then that that vote should also apply to the term limits? MR. KLATZKOW: I guess rm not understanding what you mean by nominating. COMMISSIONER COYLE: Okay. Well, selecting the person. CHAIRMAN FIALA: You mean it takes three people to approve? COMMISSIONER COYLE: I guess -- I guess for me there are two steps in the process. Number one, is the person qualified, okay, and number two, do we want them to continue serving for another term in excess of the number of terms they've already been serving. But to you that means the same thing, right? MR. KLA TZKOW: I'm not sure that I really understand the difference. COMMISSIONER COYLE: Okay, all right. Probably practically there is no difference. So if we go with a simple majority and we approve for someone to be appointed to the board, it doesn't make any difference how many times they've served. MR. KLATZKOW: That's correct. COMMISSIONER COYLE: Is that what you're saying? MR. KLATZKOW: If yon want to make a difference, it would have to be supermajority, be four votes, or current system, which is unanimous, if you want to make a difference for term limits. COMMISSIONER COYLE: Well, you know, I'm interested in getting the best person that we can possibly get to serve on the advisory boards. And since most everything else we do is by simple Page 205 Agenda Item No. 16K5 May 26, 2009 Page 12 of 22 March 10, 2009 majority, I'm perfectly happy to do it that way. MR. KLATZKOW: That means there's no term limits. COMMISSIONER COYLE: Yeah. That means you just wipe out the term limits. MR. KLATZKOW: Yes. COMMISSIONER COLETTA: So the motion -- and I'll repeat it -- it's for a simple majority regardless of how many terms a person serves, and I believe we still agreed to incorporated the part with the Planning Commission, they have to have the vote or the endorsement of the commissioner from that district. Am I understanding everyone correctly? MS. FILSON: It doesn't really indicate that in the ordinance. It just says they have to be from the respective district. COMMISSIONER COLETTA: No. I understand that, but we had the chance to amend the ordinance -- MS. FILSON: That's the Planning Commission ordinance. COMMISSIONER COLETTA: Just the Planning Commission? MS. FILSON: Yes. MR. KLATZKOW: Which is an LDC provision. If you're going to want to do that, we can do that, but it will require -- should require four votes. COMMISSIONER COLETTA: How do you feel about it? Ijust think that it would give us the power to be able to make sure we have the right person in. CHAIRMAN FIALA: I know, I know. COMMISSIONER COYLE: Yeah, I would support it. CHAIRMAN FIALA: Now we're going to hear the motion again because you had a three-part motion initially, but I have Commissioner Henning waiting and Commissioner Halas waiting. COMMISSIONER HENNING: I think Commissioner Coletta's issue about the Planning Commission can be easily resolved in this ordinance change. The Planning Commission, it says the appointment Page 206 Agenda Item No. 16K5 May 26, 2009 Page 13 of 22 March 10, 2009 of all members of the Planning Commission shall be made by resolution of the BCC. In any event any members are no longer qualified or elected, and it goes on and on. Doesn't say recommendation and confirmation of -- I think that can be clarified in another ordinance until we get to an LDC change. MR. KLA TZKOW: Well, we'll just -- if it's the will of the board to do this, we'll just do this and we'll throw this in the cycle to -- COMMISSIONER HENNING: Actually, why can't we take the Planning Commission out of the Land Development Code? Because you're only talking about a cycle of two' years, and if we want to do something else with the Planning Commission, we would have to wait for an LDC amendment. But take a look at that, please, and see if we can do such-- MR. KLA TZKOW: You've got a lot of commissions in the Land Development Code -- COMMISSIONER HENNING: And it doesn't. MR. KLATZKOW: -- that we'll be looking at taking out. COMMISSIONER HENNING: Yeah. MR. KLATZKOW: Including the EAC. COMMISSIONER HENNING: Correct. MR. KLATZKOW: Yeah, I agree. We can look. COMMISSIONER HENNING: So we can move forward with your recommendation. MS. FILSON: Can I ask one more question, sir, or make a statement, I guess. Also in ordinance 2001-55, if you serve on more than two boards, that also takes a unanimous vote. So I just want to make sure that you want to leave that in and not change that. COMMISSIONER COYLE: I'd be willing to change that one, too. COMMISSIONER COLEITA: Yeah. If I may make a suggestion, since I am the motion maker, that what we'd do is we'd Page 207 Agenda Item No. 16K5 May 26, 2009 Page 14 of 22 March 10, 2009 have that fact brought forward very similar to the fact that you have as far as a person's attendance goes so that we realize how long they've been there and what their attendance has been, and then we can make an informed decision, and we can just keep it right at three votes. MS. FILSON: Okay. Then I know that a lot of times staff provides me a year or two years attendance records, and is that direction for me to give direction to staff that you want the attendance records for as long as they've been on the committee? COMMISSIONER COLETIA: I would think the last two years would be sufficient. I don't want to create any extra work. I mean, the most current years are the most important years that you have to take into consideration. MS. FILSON: Okay. I just wanted to be clear. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I just want some clarification. Are you saying that on the Planning Commission and other areas where the commissioner of that district appoints individuals, we're no longer going to have that option? MR. KLATZKOW: No. What I understand from the motion is that if you're on the Planning Commission and you're in District 3, you must be nominated by the commissioner from District 3. COMMISSIONER HALAS: Okay, all right. Okay. CHAIRMAN FIALA: Or at least accepted by that commissioner, right? COMMISSIONER COLETI A: Whatever the word is there. MR. KLATZKOW: Well, my understanding from the motion is nominated by. CHAIRMAN FIALA: Nominated by? COMMISSIONER COLETI A: Nominated would be a fine word, unless there's -- COMMISSIONER HALAS: So it's going to stand as it is today; you've got so many people on the Planning Commission and there's so Page 208 Agenda Item No. 16K5 May 26, 2009 Page 15 of22 March 10, 2009 many from each district that -- okay. MR KLATZKOW: That's right. And in practice, you've been doing that anyway. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: There's only nine members of the Planning Commission -- MS. FILSON: Yeah, there's two-- CHAIRMAN FIALA: -- right, and there are -- MS. FILSON: Two from each district and one from the City of Naples. CHAIRMAN FIALA: Dh, I see, okay. MS. FILSON: Now -- and then just to be clear, clear, clear, when there's an opening on the Planning Commission, ifhe's going to be nominated by a commissioner, do I advertise, or does that commissioner bring forth a person to be presented to the board? MR. KLATZKOW: You advertise. COMMISSIONER COLETTA: And a commissioner can make a choice from there, or he might say none of the above. MS. FILSON: Okay. CHAIRMAN FIALA: Would you -- would you do me a favor, and would you repeat your motion as it stands now? COMMISSIONER COLETI A: I love you, Donna. Of course I will. Yeab, my motion is several different parts, and I hope I can repeat it exactly as it was. One, that everything is passed by a simple majority. No exceptions. Two, that the -- when an applicant comes forward for the Planning Commission only, that person has to be -- receive a nomination; in other words, whatever the list of people is from that particular district that submit for it, the commissioner of that district would nominate one person that he thinks would be most fit or he could not nominate any of the above and readvertise it. Page 209 Agenda Item No. 16K5 May 26, 2009 Page 16 of 22 March 10,2009 c- Two -- I'm trying to remember -- or three, would be the -- dealing with, oh, the records that come forward as far as what we have to make our decision, that we don't require anything special as far as the vote goes for people that are into three terms or serve on more than two boards. At that point in time, there'll just be a notification within our agenda package along with the time that they have served on there the past two years, what their attendance was so that we can make an informed decision on our votes. CHAIRMAN FIALA: You know, one of the things that makes me a little nervous is, say, for instance, some commissioner has -- is in a snit that week when somebody's term is being applied for on the Planning Commission, and that week they don't like him, but then the next week they're going to like him again. That person won't be accepted, and then they'll be off four years. I mean, I'm thinking like Mark Strain, for instance, is who I'm actually thinking. So Mark Strain -- you know, say, for instance, you and Mark don't see eye to eye on something or another and you decide COMMISSIONER COLETTA: Well, that's a terrible example because we've been together for like 20-some years plus. CHAIRMAN FIALA: That's true, but I mean, I'd hate to lose him. COMMISSIONER COLETTA: I know what you're saying, but it's because of Mark Strain that I'm putting this thing together the way it is, is to try to keep things attached. But once again, I think the commissioner in that district should be able to make an informed decision. Mark Strain's an example of about as perfection as you can get. CHAIRMAN FIALA: Yeah, you wouldn't want to lose him. COMMISSIONER COLETTA: You wouldn't want to lose him. CHAIRMAN FIALA: And so if somebody had a -- you know, if you had a snit with him -- Page 210 Agenda Item No. 16K5 May 26, 2009 Page 17 of 22 March 10, 2009 COMMISSIONER COLETTA: But there's a lot of other people that come forward that want to get on the Planning Commission that you don't want -- I mean, traditionally, we have always honored that commissioner, but there's been a couple times where somebody would jump in and say, no, I want this one or that one. CHAIRMAN FIALA: That's true. COMMISSIONER COLETTA: We've got to remind them it's that. But this is putting it down as a matter of law so it no longer becomes a hit-or-miss situation. CHAIRMAN FIALA: Okay. MR. KLATZKOW: But what you're really doing is you're having the commissioner of that district choose the planning . . COmmISSioner. CHAIRMAN FIALA: That's exactly what you're -- MR. KLATZKOW: That's what you're doing, because the commissioner is only going to choose the person he wants, and if four people apply, it's just going to be one nomination, and the board will either accept or reject it. COMMISSIONER COLETTA: Right. And they can reject it, and you'd have to go back to the drawing boards if they did reject it. COMMISSIONER COYLE: And if Commissioner Coletta were to vote -- were not to select Mark Strain, can we vote to impeach Commissioner Coletta? COMMISSIONER COLETTA: That's correct. You can do that, too. MR. KLATZKOW: No, you cannot. COMMISSIONER COYLE: Can we change the law so we can? CHAIRMAN FIALA: So now Commissioner Coletta's just nominated -- poor Mark, oh, if he could hear us now -- has just nominated Mark Strain, and then-- COMMISSIONER COLETIA: I got to help you Donna. I had breakfast with Mark, and this was -- a good part of it was his own Page 211 Agenda Item No. 16K5 May 26, 2009 Page 18 of 22 March 10,2009 idea. CHAIRMAN FIALA: Oh, I see. And then after he's nominated him he didn't get the majority vote. There were only two votes rather than three. Then what happens? COMMISSIONER COLETTA: Well, the same thing that happens now. That person wouldn't be appointed. CHAIRMAN FIALA: Oh. COMMISSIONER COLETTA: It takes three votes. MR. KLATZKOW: Right, but what you're going to find is that that commissioner may not approve anybody else down the line until he gets, or she gets, their choice, and you'll -- you're getting yourself into a position where you might get yourselves into gridlock by doing it this way is what I'm getting at. I mean, I understand what you want to do but-- , COMMISSIONER COLETTA: I'm sorry. What's the problem? MR. KLA TZKOW: You're putting yourselves into a position of potential gridlock because a particular commissioner can say, I want this person or nobody else, and that's the only person that commissioner will nominate. If the others vote no, that commissioner simply doesn't nominate anybody else and you'll have a vacancy. COMMISSIONER COLETTA: Well, I think that's -- we never ran into that. And if we did, I mean, at that point in time, you might get somebody that's really being a pain in a neck and they won't make -- and they want to bring everything to a dead stop. It didn't exist with this present conunission. You know, we can only address problems like that when we've seen them, and we've never seen them in the past eight years, anything even resembling anything like that. CHAIRMAN FIALA: Okay. So Commissioner Halas? COMMISSIONER HALAS: I like -- I would think that instead of having a unanimous majority, that we would have a supennajority in regards to approving somebody if they were term limited. I would go along with that. Page 212 Agenda Item No. 16K5 May 26,2009 Page 19 of 22 March 10, 2009 COMMISSIONER COLETTA: To be honest with you, we discussed this quite a bit, and I think we got enough acceptance for the simple majority across the board, and I'd like to run the motion through just like that, but I appreciate your input, sir. CHAIRMAN FIALA: And I kind of interrupted with the question there. Is there any more to your motion than the two points that you made? COMMISSIONER COLETIA: Help me. Have I missed anything from what we were discussing? I think we covered it quite well. CHAIRMAN FIALA: Okay. Very good. Then I have a motion on the floor and a second. Oh. Mr. Mudd? MR. MUDD: Oh, I hate to get it. You have more than one board that you have a district representative on in the Planning Commission. Clam Bay Advisory Board has -- MS. FILSON: Yes. MR. MUDD: -- district members that are applied, and you basically focused on the Planning Commission. I'm just going to tell you, you might be in a position in the future where you want district representatives on a new board. And if you put something in there that just says Planning Commission, you just hamstring yourself for the future. So if you can get it a little more generic for the county attorney and give yourselves some leeway because you have -- right now you have Planning Commission and you have the Clam Bay Advisory Board that has district representatives. MR. KLA TZKOW: But this nomination's going to the Planning Commission board. It's not going to the general one. COMMISSIONER COLETTA: Yeah. I feel a little uncomfortable trying to carry it across paths at that point. I really do. I think we covered it well enough. I think the rest of the boards Page 213 .._._--_.~ .. ..-'.-.....---- Agenda Item No. 16K5 May 26, 2009 Page 20 of 22 March 10, 2009 that we have, the system works very well. It's just Planning Commission is the hinge point where everything happens around here. We want to make sure that we have the right people in there. Who would know but the commissioner of that district? Past that point, I think we'd leave it just the way it is. MS. FILSON: Yeah. The library board has districts, too. MR. MUDD: Yeah. You have more than just planning. COMMISSIONER COLETTA: Limit it just to the Planning Commission. COMMISSIONER HENNING: Call the motion. CHAIRMAN FIALA: Okay. All those in favor, signify by . saYIng aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETI A: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. It's a 4-1 vote. MS. FILSON: Okay. Now can I have direction? COMMISSIONER COYLE: No. MR. MUDD: No. You can't have direction until the board approves the ordinance. They gave the county attorney direction to change the ordinance. The ordinance needs to be advertised, it needs to come back to the Board of County Commissioners for a vote. MS. FILSON: Okay. COMMISSIONER COYLE: But now you've got 12 -- that is -- yeah, 12B. Wherever you moved that thing. MR. MUDD: We're not there yet. COMMISSIONER COYLE: 17 A. MR. MUDD: Ms. Filson was asking about her 9 item as far as being continued. It's continued until the ordinance is approved by the Page 214 Agenda Item No. 16K5 May 26, 2009 Page 21 of 22 March lOt 2009 Board of county Commissioners, and then from there we'll get some direction. Item #8A ORDINANCE 2009-11: AMENDING ORDINANCE NO. 2009-01, WHICH CREATED THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES POLICY ADVISORY BOARD, IN ORDER TO CLARIFY CERTAIN QUALIFICATIONS FOR APPOINTMENT AND PROVIDE FOR WAIVER OR MODIFICATION OF THE STATED QUALIFICATIONS WHEN DEEMED NECESSARY TO APPOINT THE BEST-QUALIFIED CANDIDATEili) - ADOPTED MR MUDD: Brings us now to 128, which is 8A on your agenda, but it used to be 17 A. COMMISSIONER COYLE: Motion to approve. MR. MUDD: It's a recommendation that the Board of County Commissioners -- COMMISSIONER COLETTA: Second. MR. MUDD: -- adopts an ordinance amending ordinance number 2009-01 which created the Collier COtulty Emergency Medical Services Policy Advisory Board in order to clarify certain qualifications for appointment, and provide for waiver or modification of the stated qualifications when deemed necessary to appoint the best-qualified candidate or candidates. Mr. Klatzkow? CHAIRMAN FIALA: I already have a motion to approve from COMMISSIONER HALAS: I'll second it. CHAIRMAN FIALA: -- Commissioner Coyle. I think I had -- Commissioner Coletta already second it.t Page 215 Agenda Item No. 16K5 May 26,2009 Page 22 of 22 March 10, 2009 COMMISSIONER HALAS: Oh, okay. I'm sorry. CHAIRMAN FIALA: Thank you. Any discussion on this item? (N 0 response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? (N 0 response.) Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN FIALA: Okay. Now we move on to staff and commission general communications. Mr. Mudd? MR. MUDD: I will make this as short as I can. When we had our budget policy guidance to the Board of County Commissioners, I used a document -- Leo, if you can help me out -- I used a document that came from the Department of Revenue that had -- that came out of the ad valorem estimating conference. It was dated December 4th, 2008. The - if you take a look, it says, Collier County -- it's kind of highlighted on the sheet, and I'll try to go across from Collier County, put my finger on it. CHAIRMAN FIALA: Do you want a ruler? MR. MUDD: It's right -- it's right here. It basically says minus 14.3 percent. And what was happening at the time on 4 December is Page 216