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Agenda 09/29/2009 Item #16K11 Agenda Item No. 16K11 September 29, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an amendment to Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters by the Board of County Commissioners. OBJECTIVE: To obtain the Board of County Commissioners' (Board) authorization to advertise and bring back for consideration an amendment to Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters by the Board of County Commissioners. The two issues I am asking to address are: 1. To clarify that the request for a reconsideration must be by a Commissioner who voted in the majority; and 2. To expressly give the Board the ability to reconsider an item during the same meeting as it is heard. CONSIDERATIONS: On April 22, 1975, the Board adopted Ordinance No. 75-16 to establish a time, place, and conduct of Board of County Commissioners' meetings. Subsequent amendments Ordinance No. 1975-16 reflect existing procedures as they evolved over time. An issue recently arose as to whether a Commissioner who did not vote with the majority could still request a reconsideration based upon subparagraph (b). The Ordinance provides as follows: "(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 adjournment of the meeting at which the matter was voted upon, but only in accordance with subparagraphs (d) and (e) of this subsection. (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 subparagraphs (b) through (e) of this section. (b) Where a member 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. (c) 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. (d) 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. (e) This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below." --- Agenda Item No. 16K11 September 29,2009 Page 2 of 7 Although I believe that the intent of the Board is to have these motions made by a member who voted with the majority. when I put the question to my staff, as a matter of pure statutory construction there was a split of opinion. The proposed change will eliminate this issue. In addition, the Ordinance as currently structured does not allow the Board the flexibility of rehearing a motion during the same meeting. There may be times (such as a vote based on a mistake or mishearing of the motion) when it is appropriate to move to reconsider and then and there rehear the item, rather than having to wait two meetings as now required by the Ordinance. The proposed change will expressly give the Board this flexibility. The proposed amendment is as follows: 6. 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 adjournment of the meeting at which the matter was voted upon, 9tH emy Hi aeeOraBfte8 ....Ath s\Wparagraphs (d) ed (8) of this aabseetioB. The Board mav elect to rehear the matter during that meeting, or direct the County Manager to olace the item on the agenda for a future meeting. (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 sl:l9paragraphs (9) tMeagfl (8) of this &eetieB. the following: t9t ill Where a member who voted with the maioritv 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. feHill. Upon adoption of a motion to reconsider, the County Manager shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. ~ (iii) No motion to reconsider shall be made more than 30 days following the Board's vote on the matter sought to be reconsidered. (e}ill This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 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 IMP ACT: The cost of advertising the amending ordinance is estimated at $500. --...--". . -.. . -.. .... --- Agenda Item No. 16K11 September 29, 2009 Page 3 of 7 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorizes the County Attorney's Office to advertise and bring back for the Board's consideration the attached amendment to Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters by the Board of County Commissioners. Prepared By: Jeffrey A. Klatzkow, County Attorney - Page 1 of 1 Agenda Item No. 16K11 September 29, 2009 Page 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K11 Item Summary: Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an amendment to Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters by the Board of County Commissioners. Meeting Date: 9/29/2009 9:00:00 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/18(20091:42 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9(18/20093:48 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 9(18(2009 5:03 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office Commissioners 9/19/2009 9:45 AM file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16K. COUN... 9/23/2009 Agenda Item No. 16K11 September 29, 2009 Page 5 of 7 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1975-16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; 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, Ordinance No. 75-16 was adopted by the Board of County Commissioners to establish a time, place, and conduct of Board of County Commissioner meetings, which Ordinance has been amended from time-to-time; and WHEREAS, the Board of County Commissioners desires to amend Section One, Paragraph 6 of Ordinance No. 75-16, as amended, entitled "Reconsideration of matters generally." NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE, PARAGRAPH 6 OF ORDINANCE NO. 1975-16, AS AMENDED. Section One, Paragraph 6 is hereby amended to read as follows: 6. 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 adjournment of the meeting at which the matter was voted upon,...em only in aeeordance \wth subparagraphs (d) and (e) of this subsection. 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. .,- Words Underlined are added; Words Stmek TBr01:lgfl are deleted. Page 1 of3 Agenda Item No. 16K11 September 29,2009 Page 6 of 7 (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 subparagraphs (0) through (6) of this seetioB:. the following: ~ ill Where a member who voted with the maiority 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. W (ill Upon adoption of a motion to reconsider, the County Manager shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. tdJ (iii)No motion to reconsider shall be made more than 30 days following the Board's vote on the matter sought to be reconsidered. te1 ilil This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 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. Words Underlined are added; Words Struck ThrGl:lga are deleted. Page 2 of3 u__ Agenda Item No. 16K11 September 29, 2009 Page 7 of 7 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 ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney - Words Underlined are added; Words 8trl:lek Through are deleted. Page 3 of3 ---..--.--.