Agenda 10/13/2009 Item #17H
Agenda Item No. 17H
October 13, 2009
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters
by the Board of County Commissioners.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached Ordinance
amending Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of'
matters by the Board of County Commissioners. The proposed amendment is intended to address
two issues:
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 dJ!.ring 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:
"'-0
.-'
"(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. 17H
October 13, 2009
Page 2 of 8
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.
At its September 29, 2009 meeting (Agenda Item 16Kll), the Board authorized the County
Attorney to advertise the proposed Ordinance for consideration at a public hearing with direction
to include a provision addressing the issue should there be public speakers on the agenda item to
be reconsidered. In furtherance of Commissioner Coyle's concern in this regard, I added a
paragraph (iv) which I borrowed from the reconsideration process used by the City of Naples;
which gives registered speakers written notice that the item they spoke about is going to be
reheard.
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.,..ffiH
only in accordance with subparagraphs (d) and (e) of this subsection. 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 subparagraph (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 subparagraph (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 subparagraphs (b) through (0) of this sectiofr: the following:
W ill 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 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 @ 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.
W (iii)No motion to reconsider shall be made more than 30 days following the Board's
vote on the matter sought to be reconsidered.
Agenda Item No. 17H
October 13, 2009
Page 3 of 8
(iv) 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.
te1 ill This section shall apply to any matters which may lawfully be reconsidered except
those matters which are covered by Paragraph 7 below.
LEGAL CONSIDERATIONS: The proposed amending Ordinance was drafted by the County
Attorney and is legally sufficient for Board action. - JAK
FISCAL IMPACT: The cost of advertising the amending Ordinance was $88.57.
GROWTH MANAGEMENT IMPACT: None.
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RECOMMENDATION: That the Board adopts the attached Ordinance amending 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
Agenda Item No. 17H
October 13, 2009
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
17H
Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 1975-16, as amended, relating to the procedure for reconsideration of matters
by the Board of County Commissioners.
10/13/2009 9:00:00 AM
Item Number:
Item Summary:
Prepared By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1/200912:00:37 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1/20092:43 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/5/2009 12:05 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/5/200912:23 PM
Agenda Item No. 17H
October 13, 2009
Page 5 of 8
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-arnended 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,.-OOt
only in accordance with subparagraphs (d) and (e) of this subsection. 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
Words Underlined are added; Words Struck Through are deleted.
Page 1 of3
Agenda Item No. 17H
October 13, 2009
Page 6 of 8
during that meeting, or direct the County Manager to place the item on the agenda for a future
meeting as set forth in subparagraph (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 subparagraph (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 subparagmphs (b) through (6) of this section. the following:
W 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.
~ {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.
W (iii)No motion to reconsider shall be made more than 30 days following the Board's
vote on the matter sought to be reconsidered.
(iv) 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.
Words Underlined are added; Words Struck Through are deleted.
Page 2 of3
Agenda Item No. 17H
October 13, 2009
Page 7 of 8
Eej ill 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.
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:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Words Underlined are added; Words Struck Through are deleted.
Page 3 of3
Agenda Item No. 17H
October 13, 2009
Page 8 of 8
16D · Saturday,October 3, 2009 · Naples Dally News
NOTICE OF INTENTTO CONSIDER
ORDINANCE
N~ti~e is hereby given that the Board ~f
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. TIle 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; AMENDINGORDI-
NANCE NO. 75-16, AS AMENDED, RELAT!
ING TO THE CONDUCT OF MEEl'INGS OF
THE BOARD 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, AMENDINGORDI.
NANCE NO. 2004-03, THE COLLIER 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 (ll 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 ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI.
NANCE NO. 91-6S, AS AMENDED, PER.
TAINING TO THE AFFORDABLE HOUSING
. ADVISORY COMMITTEE, SPECIFICALt. Y.
SEa;ION ,.SEVEN, "FUNCTIONS,. . POWERS,
AND DUTIES," IN .ORDER TO' REMQV~'THE
REQUIREMENT. FOR COMMITTEE RWIEW ,
OF ALL REZONING PETITIONS; PROVIDING,~'
FOR CONFLICT AND SEVERABI.l..lTY; PRO"
VIDING FOR INCLUSION IN THG .CODE OF
LAWS AND 'ORDINANCES; AND PROVID.
ING FOR AN EFFECTIVE DATE. .. , 1
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 CONFUCTAND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND. PRO-
VIDING FOR AN EFFECTIVE DATE. .
NOTE: All Person~' wishing to speak on
. any agenda item must nigister 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 rec-
ognized by the Chair, a spokesperson for
a gr,oup .or organization may be allotted
10 minutes to speak on an item.
Persons wishin9 to have written or
graphic materials Included in the Baard
agenda packets must submit s"aid material
. . I
.,. "":"' ..J',
a 'minimum of.' 3~eeki):ld6~~',~'~~~:re:.
spective public;hea~jng. In any cas~r' Writ.
ten materials,~"tl!'iidt\~ to be cont.ldered
:~I?Y th~ Board;~ !/I!~ subl1Jltt.e,~;,-rP:the .
r~p'propri'!te:~o rtaftt' ,:m!Olmum. of
seven days p,the"public healing.
All mater"r~1 used in'pr~ent!tions before
the Board .will beC0I11\!,~ ;perl'!'anent Part
oftherecoi'd. .:,""': ':-:," :..~. ..' '.
Any person who dec!de~~9~l?peal a de.,
cisionof the. Board wll! ~1I~~!l\;;tecord of '
the. proceedlngspertalnlng7tne,fl!t0 and
therefci~e, may need ~to': ens~~~;iii~'. a ver-..
batim record of the procee .. ade.. i
which record. ind.udes,th~ -t~ '!,!,l~d i
evidence upon which the appeal, .' .... .
If you are a person with a disability who
needs any accommodation In oreer to
participate In this proceeding; you ar~ !In.-.
titled, at no cost to you, to the prOVISion.
of certain assistance., Please c;ol'Jtact.,.the,.
Collier, County Facilities'Mar\age~er:t D~.J
partment, located at 330t,.Tamlaml' Trail,
East, Building\lll..!'!aples;I'F!orida34112, .
(239) 2i;2~8380."Asslsted listening devices
for the hearing impaired are available In
the CountyCom')1iS5ion.ers~ Office.
BOARD OF COUN1;YCOMMISSIONERS
COLLIER <:OUNT'{" FtpRIDA
DONNA FIALA, cHAIRMAN
DWIGHT E.BROCK, CLERK
By: Ann Jennejcihn, Deputy Clerk
(SEAL) , .': . ~ . "
October 3,2009 '. N01819155