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Agenda 10/13/2009 Item #17F Agenda Item No. 17F October 13, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-16, as amended, relating to the conduct of meetings of the Board of County Commissioners, to modify the procedure for calling a meeting to order in the absence of the Chairman and Vice Chairman. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance amending Ordinance No. 75-16, as amended, to modify the procedure for calling a meeting to order in the absence of the Chairman<and Vice Chairman. CONSIDERATIONS: The Board's current procedures ordinance, Ordinance No. 75-16, as amended, proVides in Section One, subsection (l)(e) that "In the absence of the Chairman and Vice Chairman, the Clerk shall determine if a quorum is present and call for election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman." The reasons for this proposed change are as follows: .- 1. Although this language was appropriate when the Clerk physically attended Board meetings, it is not presently practical as the Clerk does not typically attend Board meetings, and may be unavailable to perform this function. If both the Chairman and the Vice-Chairman are not present, there is no reason why the three Commissioners who are present cannot on their own elect a Chairman and Vice-Chairman and commence the meeting. 2. The Ordinance does not address whether the Chairman and Vice-Chairman can perform such duties if they are attending telephonically. It is the opinion of the County Attorney that from a practical standpoint, the Commissioner chairing the meeting ought to be physically present. This would be especially true if the meeting was an Emergency Session and the Chairman and/or Vice-Chairman were attending by cell phone. Accordingly, I am seeking Board approval to amend this language as follows: In the physical absence of the Chairman and 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. At its September 15, 2009 meeting (Agenda Item 16K8), the Board authorized the County Attorney to advertise the proposed Ordinance for consideration at a public hearing. LEGAL CONSIDERATIONS: The proposed amending Ordinance was drafted by the County Attorney and is legally sufficient for Board action. - JAK -- FISCAL IMP ACT: The cost of advertising the amending Ordinance was $88.57. Agenda Item No. 17F October 13, 2009 Page 2 of 7 GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board adopts the attached Ordinance amending Ordinance No. 75-16. as amended, modifying the procedure for calling a meeting to order in the absence of the Chairman and Vice Chairman as noted herein. Prepared By: Jeffrey A. Klatzkow. County Attorney ,~- Item Number: Item Summary: Meeting Date: Agenda Item No. 17F October 13, 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17F Recommendation that the Board of County Commissioners adopts an Ordinance amending Ordinance No. 75-16, as amended, relating to the conduct of meetings of the Board of County Commissioners, to modify the procedure for calling a meeting to order in the absence of the Chairman and Vice Chairman. 10/13/20099:00:00 AM Prepared By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 9/30/20094:40:51 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 10/1/2009 2:46 PM Approved By OMB Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 10/5/2009 12:04 PM Approved By John A. Yonkosky County Manager's Office Director of the Office of Management Date Office of Management & Budget 10/5/2009 12:28 PM Agenda Item No. 17F October 13, 2009 Page 4 of 7 ORDINANCE NO. 2009- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORIDA~ AMENDING ORDINANCE NO. 75-16~ AS AMENDED, RELATING TO THE CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; 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 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, Ordinance No. 75-16, as amended, provides that in the absence of the Chairman and Vice Chairman, the Clerk shall determine if a quorum is present and call for election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman; and WHEREAS, the Board of County Commissioners desires to amend this provision of Ordinance No. 75-16 recognizing that the Clerk may not be available to perform this function in the event the Chairman and Vice Chairman are absent. 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. Words Underlined are added; Words Struck TlH'ough are deleted. Page 1 of3 Agenda Item No. 17F October 13, 2009 Page 5 of 7 Section One is hereby amended to read a follows: 1. Meetings of the Board of County Commissioners: ****** e. 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 Clerk shall determine if a quorum is present and call for election of a temporary Chairman to the Board members present shall elect a teElPorary Chairman and a temporary Vice Chairman bv maioritv vote, and -the Chairman so elected shall then call the meeting to order and shall serve until arrival of the Chairman or Vice Chairman. 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 "ordinancell may be changed to "section," lIartic1e," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filingwith the Department of State. Words Underlined are added; Words Struck Through are deleted. Page 2 of3 Agenda Item No. 17F October 13, 2009 Page 6 of 7 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 Ie al ency: Words Underlined are added; Words St1l:lck Through are deleted. Page 3 of 3 Agenda Item No. 17F October 13, 2009 Page 7 of 7 16D · Saturday,October 3, 2009 . Naples Daily News NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given thi!t the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, Oc- tober 13, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta; miami Trail, Naples. Florida. The meeting will begin at 9:00 A.M. The title of the proposed ordinance(s) are as follows: AN ORDiNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI. NANCE NO. 75-16. AS AMENDED, RELAT! ING TO THE CONDUCT OF MEETINGS OF THE IlOARD OF COUNTY COMMISSION- ERS, BY MODIFYING THE PROCEDURE FOR CALLING A MEETING TO ORDER IN THE ABSENCE OF THE CHAIRMAN AND THE VICE CHAIRMAN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVID- ING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDI- NANCE NO. 2004-03. THE COLUER COUN- TY AIRPORT AUTHORITY ORDINANCE, SPECIFICALLY, SECTION FIVE, "GOVER- NING BODY; MEMBERSHIP. APPOINT- MENT AND TERMS OF OFFICE.. IN ORDER TO PROVIDE FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER; PROVID- ING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE, CODE OF LAWS AND ORDINANCE; AND PRO- VIDING FOR AN EFFECTIVE DATE. AN ORDlNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING ORDI- NANCE NO. 91-65, AS AMENDED. PER- TAINING TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, SPECIFICALLY, SEa,ION"SEVEN. -FUNCTIONS. ,POWERS AND DUTIES: IN, ORDER TO REMOV!!"THE REQUIREMENT FOR COMMITTEE REVIEW OF ALL REZONING PETITIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PRO- VIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVID- ING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY~. FLORIDA. AMENDING ORDI- NANCE NO. 1975-16, AS AMENDED, BY REVISING THE PROCEDURE FOR RECON. SIDERATION OF MATTERS BY THE BOARD OF COUNTY ,COMMISSIONERS; PROVID. ING FOR CONFLICT AND SEVERABilITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO- VIDING FOR AN EFFECTIVE DATE. ' NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator. prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item, The selection of an individual to speak on behalf of an orga- nization or group is encouraged. If re<:- ognized by the Chair, a spokesperson for a gr.oup or organization may be allotted 10 minutes to speak on an itel)1. Persons wishin~ to have written or graphic materials Included in the Board agenda packets must submit said material . ,..,. . /' a minimum of 3 weeks prior' to tb~ire;': spective public hear,ing. In any casfl;~ writ- ten materials ,intended to be considered , . by th~, Board~ha!!>~e ~ subl1)i~e~ . t9 the ~;;f ~pproprlate', C~u!lty,,"staffa m!nlmum. of , seven days pnor to, the: publIC' hearing. All materl~I' used in pr~sentations before the Board will become a permanent part of the record. ," d '", Any person who decides to appeal a de- cisionof the Board will ne,e,d !i,record of the proceedings, pertaining it,her,eto and therefo;e, may ne'ed toensu;eJFi~t. a ver- batim record of the proceedln!lL~\made, which record, incl,udes the test!'11Qny a,lJ~ i, 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. ~n- titled, at no cost to you, to the provIsion of certain assistance. Please cClntact' the, Collier County Facilities Management De-' partment. located at 330,1 ,Ta~iaml Trail East, Building W. Naples. Flonda 34112. (239) 252-8380.' 'Assisted listening devices for the hearing impaired are available in the County CommiSSioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F,LORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn. Deputy Clerk (SEAL) , '- October 3. 2009 No181915S