Ordinance 2007-50
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6'c!> ORDINANCE OF THE BOARD OF COUNTY
<9St>€Z"......"<t; OMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 75-16, AS AMENDED, AS
CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE
OF LAWS AND ORDINANCES, REVISING AND CLARIFYING
THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE
BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE.
FOR SCHEDULING AND THE CONSIDERATION OF ITEMS
OF BUSINESS OF THE BOARD OF COUNTY
COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS
AT THE MEETING, AND THE PROCEDURES FOR THE
RECONSIDERATION OF MATTERS BY THE BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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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; and
WHEREAS, on September 28, 1981, Ordinance No. 81-54 was adopted by the Board of
County Commissioners to amend Ordinance No. 75-16 to include a procedure for scheduling and
consideration of items of business at the Board of County Commission meetings; and
WHEREAS, between 1981 and 1991, Ordinance No. 75-16 was amended multiple times
by the Board of County Commissioners to reflect procedures as they evolved; and
WHEREAS, the Board of County Commissioners has deemed it necessary to amend
Ordinance No. 75-16, as amended, to reflect procedures that are consistent with the present
meeting schedule of Board of County Commissioners; and
WHEREAS, the Board of County Commissioners finds it necessary to amend Ordinance
No. 75-16, as amended, in order to provide greater clarity of procedures; and
WHEREAS, the Board of County Commissioners has determined that it is in the interest
of the health, safety and welfare to adopt this amended Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section One, Paragraphs 1 through 5 of Ordinance No.
75-16, as amended, codified as Section 2-36 through 2-40 in the Code of Laws and
Ordinances.
I. Meetings of the Board of County Commissioners:
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 bv an affirmative vote of the maioritv of all
Board members present. Meetings may be postponed or cancelled by Board aetiea an affirmative
vote of the maioritv of all Board members present. Meetings shall normally be held in at the
Collier Countv Government Center sellat)' sOllrtllollse, Bllst NlIjlles, and shall be open to the
news media and the public. Meetings may be held in other locations within the County.
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b. Special meetings. When the Chairman or a majority of the Board calls a special
meeting, the Countv Manager or his designee shall notifv the Clerk, sllllll Be netified to infeffil
tile COllRt)' MlIlllIger, the County Attorney, and issue press releases advising represenlllli'ies of
tile press sllall Be notified of setting the place, date and hour of the meeting and the purpose for
which the meeting is called.
c. Agenda. There shall be an official agenda for each meeting of the Board, which shall
determine the order of business conducted at the meeting.
(I) The Board shall not take action upon any matter, 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. Matters may be placed on the agenda by the County Manager,
any County Commissioner, the Clerk, the County Attorney, and the constitutional
officers. The agenda shall be prepared and distributed not later than four days preceding
the regular meeting.
(3) All requests for a continuance of an agenda item, including matters advertised
for a public hearing, require Board of Countv Commission approval. No person shall be
entitled to relv for anv reason upon anv assurances that an agenda item or public hearing
will be continued. A continuance shall onlv be granted bv an affirmative vote of the
maioritv of the Board members present.
d. Presiding officer. election. duties. The presiding Chairman and Vice-Chairman shall
be elected by a majority 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 eOllRty 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.
e. Call to order. At the hour appointed for the meeting, the Chairman shall immediately
call the Board to order. In the 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 serve until
arrival of the Chairman or Vice-Chairman.
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f. Quorum. A majority of the Board shall constitute a quorum. No resolution, 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 adjoum the meeting.
g. Super-Majority Exception. Whenever provided by general law, special law,
ordinance, or as specified by resolution adopted by a majority of the full membership of the
Board, and notwithstanding subsection l.f, a motion, ordinance, legally binding document or
resolution may be required to be adopted by an affirmative vote of four-fifths (4/5) of the full
membership of the Board.
h. Rules of debate. The following rules of debate shall be observed by the Board.
Except as herein provided questions of order and the conduct of business shall be governed by
Robert's Rules of Order.
(I) Motion under consideration. When a motion is presented and seconded, it is
under consideration and no other motion shall be received thereafter, except to adjourn,
to lay on the table, to postpone, or to amend until the question is decided. These
countermotions shall have preference in the order in which they are mentioned, and the
first two shall be decided without debate. Final action upon a pending motion may be
deferred until the next meeting by majority of the members present.
(2) Chairman participation. The presiding Chairman may move, second and
debate from the chair, and shall not be deprived of any of the rights and privileges of a
Commissioner by reason of being the presiding Chairman.
(3) Form of address. Each member shall address only the presiding officer for
recognition, shall confine himself to the question under debate, and shall avoid
personalities and indecorous language.
(4) Interruption. A member, once recognized, shall not be interrupted except by
a call to order or as herein otherwise provided. If a member is called to order, he shall
stop speaking until the question is determined by the presiding officer. Any member may
appeal the decision of the eChairman 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 shall 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 roll 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 shall become the official minutes. Each resolution, ordinance and legally binding
document shall be signed by the presiding officer at the meeting and by the Clerk and entered in
the minutes.
2. Addressing the Commission:
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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 >rete 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 shall be governed by the following procedure:
(I) Prior to addressing the Board the speaker shall approach anv podium or anv
other place otherwise designated bv the Board of Countv Commissioners for this purpose
tile ff(Jnt senter sf tile conference taBle and clearly state his or her full name, home
address, the name of the person or entitv 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 following oath
with right hand upraised:
"I willfully 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 shall be required to take this oath more than once in any given day, but shall
be reminded he is under oath before again addressing the Board. Each commissioner,
staffmemser ood cOllnty emflloyee shall 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 shall 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 shall limit his address to Ave three minutes unless granted
additional time by the Chairman or bv an affirmative vote of the majority >rete of the
Board members present. All remarks shall be to the Board as a body and not to any
individual member. No person other than a Commissioner shall 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 silent by the presiding officer, until permission to
continue is granted.
3. 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.
4. 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.
5. Adjournment:
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A motion to adjourn shall always be in order and decided without debate.
SECTION TWO: Amendment 10 Section One, Paragraphs 6 and 7 of Ordinance No. 75-16,
as amended, codified as Section 2-41 and 2-42 in the Code of Laws and Ordinances.
6. Reconsideration of matters generally:
a. Any matter which has been voted upon by the Board of County Commissioners may
be reconsidered as follows:
(I) 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 onlv 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 slIBse(jllent to following the meeting at which
the matter was voted upon, but only in accordance with the preeedllres set fertll in
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. Upon adefltion of a motion te recensider, tile COllnty Manager sllall place tile item on
tile agenda fer tile second reglllar meeting following tile meeting lit wllicll the metion '....as
IIdopted.
d.c. No motion to reconsider shall be made no more anv later than 30 days 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 Countv 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.
7. Reconsideration ofland use matters zoning, lIRa comflrellensive plan reljllests:
a. Applicability. Tllis section IIjlplies as fullows:
fB To sitliations Any matter in which the Board of County Commissioners or
Board of Zoning Appeals, as the case mav be, has denied a request to change the land use
designation of a parcel of land, a request for site specific rezone initiated bv a petitioner
or his or her agent, variance, conditional use, license. permit or other land use-related
request. pllFSlIlIRt te tile cemprellensi'ie lana lIse plan or wllere tile Boar.a of Cellnty
Cemmissieners lias aenied a p[{lposed fletition to cllange tile 2iening elassificatien on a
pareel of lana. f. reljllest fur r-eeensideratien ma)' Be made enl)' BY tile petitioner.
(2) To all SitllRtiolls in wlliell tile Boar.a of COllnt)' Commissieners, acting in a
ljllasi jllaicial eRpaeity, lias denied a license, peffllit, er otller aflprS'iRI.
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b. Request for Reconsideration bv Petitioner. A request for reconsideration may be
made onlv bv the petitioner. The petitioner sflall mav request reconsideration of a petition in
writing to the County Manager no later than witllffi 15 days ef.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
e)(eept liS previaee ifl sHBseetion (i) of tllis seetion.
c. Motion for reconsideration bv 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 the
request for reconsideration. If no regular meeting of the Board occurs within 15 davs of the
request for reconsideration, the Board member mav move for a reconsideration of the action or
petition no later than the first meeting of the Board that follows the Countv Manager's receiPt of
the request for consideration. This motion shall be made during that portion of the Board's
agenda entitled "Board of County Commissioners' RSflort." If no motion for reconsideration is
made during this time period, the request shall be deemed denied. The motion may specify a date
certain lIflOn 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
to reconsider is adopted.
d. Action 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 ffiHTtfl 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 petition. 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.
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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.
i. Reeansidel'ati81l 8/ petitions }'(!ecmly denied. IH reeegflitien ef tile fast tllat several
petitiens for wllisll Illis seetion wOlila Be IIjlfllieaBle lla'le reeently been aeniea by tile Beara, IIHd
in reeognition ef tile fast tllat tile resonsideration of seme of tllese petitions may be meritoriolis
IIRd in tile flllblis interest, it is llereby aeelarea tllat tile previsions of sllbsestien (b) ef tllis seetion
are llereBY waivea for any fletitiens otller....ise entitlea Ie reeensiaeration '.vlliellllaye been aeniea
by tile Beare sllbseq1l8nt te Ma)' I, 19& I, ana prier to Oetober 8, 1981. In lieli of tile
re(jllirements of slIbseetien (b), petitieners .....llo are otllenvise eligible f{)r resensiaeration may
re(jllest reeonsideration in '.",riling ne llller tllllR 15 aays following Sefltember 29, 1981.
SECTION THREE: 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 this 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 FOUR: 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 Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FIVE:
Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this (.1 day of J <A.-V--. ,2007.
ATTEST;.......,.
~C~'<LKVI be
Att,st e.t/)~aJ~n I
~ i ~1r41~,(;e ..fw.1':;:"J"- or
/;. ~T::I",;:.J.
BOARD OF COUNTY COMMISSIONERS
OF COLLIE~FLO..RIDA
~~
By: ts
Jam s N. Coletta, Chairman
Approved as to form and legal sufficiency:
Jenni er A. Belpedi
Assistant County Att
ThIs ordinance filed with the
I~ry of ,SIete's Office the
.:c..:..' day of JJJ/L.., oro-:r
and acknowl~11li that
filil-el\'ed this ~ day
of ~~~~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-50
Which was adopted by the Board of County Commissioners
on the 12th day of June, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of June, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
Chu MlDJ-v 0.( .
By: Ann Jennejohn,
Deputy Clerk