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07 6 <br />• LEE COUNTY <br />Committed Today for a Better Tomorrow <br />MEMORANDUM <br />TO: ABOARD OF COMMISSIONERS <br />COPY TO: iC~;:OD 'ANA`G M'E~R FJOHN CRUM-PITON <br />FROM: K. R. HOYLE, SR., COUNTY ATTORNEY <br />DATE: SEPTEMBER 2. 2008 <br />SUBJECT: SMOKING REGULATIONS <br />® At the last meeting of the Board, the Board had a tie vote on a smoking ordinance. Rule <br />32 of the Board's Rules of Procedure says that to the extent that something occurs that <br />is not provided for in the Board's rules that the chair shall refer to Robert's Rules of <br />Order (RRO) to resolve procedural question provided that the rule in RRO does not <br />conflict with the spirit of the Board's rules. RRO states "on a tie vote, a motion requiring <br />a majority vote for adoption is lost, since a tie is not a majority". <br />If any of you want this matter to be on the next agenda you should contact the County <br />Manager by Friday, September 5, 2008. <br />1 think the original draft ordinance is defensible under the law but since it was rejected I <br />have drafted a new ordinance for your consideration. <br />If any Commissioner would like to vary any of the terms I am willing to prepare a draft in <br />accordance with your wishes. <br />I also enclose a copy of a draft of a resolution requesting the governing bodies of <br />Sanford and Broadway to allow whatever you adopt to be applicable in their <br />jurisdictions. <br />/gl <br />Attachments <br />