Sec. 2-36. - General provisions.

(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 by an affirmative vote of the majority of all Board members present. Meetings may be postponed or cancelled by an affirmative vote of the majority of all Board members present. Meetings shall normally be held at the Collier County Government Center and shall be open to the news media and the public. Meetings may be held in other locations within the County.

(b)

Special meetings. When the Chairman or a majority of the Board calls a special meeting, the County Manager or his designee shall notify the Clerk, the County Attorney, and issue press releases advising of 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.

(1)

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)

Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda. Should additional documents, information and materials be presented to the Board following publication, the Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed.

(4)

All requests for a continuance of an agenda item, including matters advertised for a public hearing, require Board of County Commission approval. No person shall be entitled to rely for any reason upon any assurances that an agenda item or public hearing will be continued. A continuance shall only be granted by an affirmative vote of the majority 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 Commissioners in any given year, unless a Special Meeting is called, the Board of County Commissioners shall elect a Chairman and/or Vice-Chairman, as applicable, at the first regularly scheduled Board meeting on or after the second Tuesday after the election 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. With respect to all matters outside of meetings (see subsection (e) below), in the absence of both the Chairman and the Vice-Chairman, the immediate past Chairman shall act as temporary Chairman, and if there is no immediate past Chairman, then the longest tenured Commissioner shall so act. 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 Commission to order. In the physical absence of the Chairman, and the 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.

(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 adjourn 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 (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.

(1)

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 Chairman 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.

(Ord. No. 75-16, § 1(1); Ord. No. 85-20, § 1; Ord. No. 87-14, § 1; Ord. No. 89-04, § 1; Ord. No. 90-27, § 1; Ord. No. 2007-02, §§ 1—3; Ord. No. 07-50, § 1; Ord. No. 2009-52, § 1; Ord. No. 2011-01, § 1; Ord. No. 2011-17, § 1)

Sec. 2-37. - Addressing the Commission.

(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 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:

(1)

Prior to addressing the Board the speaker shall approach any podium or any other place otherwise designated by the Board of County Commissioners for this purpose and clearly state his or her full name, home address, the name of the person or entity 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, 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 three minutes unless granted additional time by the Chairman or by an affirmative vote of the majority 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.

(Ord. No. 75-16, § 1(2); Ord. No. 07-50, § 1)

Sec. 2-38. - 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.

(Ord. No. 75-16, § 1(3); Ord. No. 07-50, § 1)

Sec. 2-39. - 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.

(Ord. No. 75-16, § 1(4); Ord. No. 07-50, § 1)

Sec. 2-40. - Adjournment.

A motion to adjourn shall always be in order and decided without debate.

(Ord. No. 75-16, § 1(5); Ord. No. 07-50, § 1)

Sec. 2-41. - 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. 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 subsection (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 subsection (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 the following:

a.

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.

b.

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.

c.

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.

d.

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.

(b)

This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below.

(Ord. No. 81-54, § 1; Ord. No. 07-50, § 2; Ord. No. 2009-52, § 1)

Sec. 2-42. - Reconsideration of land use matters.

(a)

Applicability. Any matter in which the Board of County Commissioners or Board of Zoning Appeals, as the case may be, has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated by a petitioner or his or her agent, variance, conditional use, license, permit or other land use-related request.

(b)

Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner may request reconsideration of a petition in writing to the County Manager no later than 15 days from the date of the Board's action denying the original petition. Except as provided below, 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. If State or Federal submission and/or approval schedules pertaining to the petition are extended within 6 months following the denial of the original petition, upon Public Petition initiated by the petitioner, the Board may extend petitioner's request for reconsideration by majority vote, and on a second motion made by any Commissioner, place the issue of reconsideration for a date certain on 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.

(c)

Motion for reconsideration by 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 days of the request for reconsideration, the Board member may move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the County 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." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain on 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 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.

(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.

(Ord. No. 81-54, § 2; Ord. No. 88-41, § 1; Ord. No. 07-50, § 2; Ord. No. 2012-15, 1)

Land Development Code reference—Zoning amendments, § 2.7.2.

State law reference— Adoption of rezoning ordinances, F.S. § 125.66(5).

Sec. 2-43—2-65. - Reserved.