Agenda 04/13/2010 Item #16K 4
Agenda Item No. 16K4
April 13, 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution limiting repetitive public petitions and comments.
OBJECTIVE: To adopt a Resolution limiting repetitive public petitions and comments,
CONSIDERATIONS: On March 23, 20]0, during the Commission Comments portion of the
agenda, the Board of County Commissioners ("Board") directed the County Attorney to draft a
resolution that limits repetitive public petition and comments.
The County Attorney Office has thoroughly researched this issue. Florida Courts have upheld
policies that limit public comment at public meetings of governmental bodies that were reasonable
and viewpoint neutral. The proposed Resolution continues to reasonably encourage public
participation and in no way considers the content of the public petition or comment.
The proposed Resolution provides that:
I. Prior to scheduling a Public Petition the County Manager or designee shall determine if the
commenter has made the same or similar request by public petition or during the Public
Comments on General Topics to the Board in the past six months ("Repetitive Public
Petition").
2. Absent special circumstances, the County Manager or designee shall not schedule a
Repetitive Public Petition for consideration by the Board.
3. If at any time during the Board's consideration of a public petition it is determined by the
Board Chairman to be Repetitive Public Petition, the Chairman may immediately conclude
discussions and advise the Petitioner of same.
4. If at any time during the Board's consideration of a public comment during the Public
Comments on General Topics portion of the Board agenda, it is determined by the Board
Chairman that the commenter has made the same or similar request by public petition or
during the Public Comments on General Topics to the Board in the past six months, the
Chairman may immediately conclude discussions and advise the Petitioner of same.
The proposed Resolution is intended to be read in conjunction with Resolution No. 84-96 which
sets forth procedures for Public Petitions that are filed on issues where the Board has already ruled
or not ruled. The proposed Resolution supplements Resolution No. 84-96 with additional
procedures for Public Petitions and Comments that are repetitive.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopts a Resolution limiting
repetitive public petitions and comments.
Prepared by: Jeffrey A. Klatzkow, County Attorney
Jennifer B. White, Assistant County Attorney
04-COA.{)10231395
Agenda Item No. 16K4
April 13, 2010
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16K4
Recommendation to adopt a Resolution limiting repetitive public petitions and comments.
4/13/20109:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
4/6120103:29:52 PM
Approved By
Jeff Klatzkow
County Attorney
Date
416120104:04 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
416/20104:11 PM
Agenda Item No. 16K4
April 13, 2010
Page 3 of 10
RESOLUTION NO. 2010-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, LIMITING REPETITIVE PUBLIC
PETITIONS AND COMMENTS.
WHEREAS, the Board of County Commissioners ("Board") encourages public
participation at its meetings by way of public petition and public comment; and
WHEREAS, the Board adopted Resolution No. 84-96 relating to Public Petitions and
establishing a policy to more effectively utilize the time set aside for Public Petitions; and
WHEREAS, the Public Petitions and Public Comments on General Topics provide the
Board with valuable citizen input on decisions that will affect those citizens; and
WHEREAS, the Board desires to conduct orderly and efficient meetings in order to best
utilize staff and other resources; and
WHEREAS, limiting repetitive public petitions and comments will continue to encourage
public participate at meetings while also maintaining order and efficiency; and
84-96.
WHEREAS, this Resolution is intended to be read in conjunction with Resolution No.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I. Prior to scheduling a Public Petition, the County Manager or designee shall determine if
the commenter has made the same or similar request by public petition or during the
Public Comments on General Topics to the Board in the past six months ("Repetitive
Public Petition").
2. Absent special circumstances, the County Manager or designee shall not schedule a
Repetitive Public Petition for consideration by the Board.
3. If at any time during the Board's consideration of a public petition it is determined by the
Board Chairman to be a Repetitive Public Petition, the Chairman may immediately
conclude discussions and advise the Petitioner of same.
4. If at any time during the Board's consideration of a public comment during the Public
Comments on General Topics portion of the Board agenda, it is determined by the Board
Chairman that the commenter has made the same or similar request by public petition or
during the Public Comments on General Topics to the Board in the past six months, the
Chairman may immediately conclude discussions and advise the Petitioner of same.
r
,--
,--
Agenda Item No. 16K4
April 13, 2010
Page 4 of 10
THIS RESOLUT]ON ADOPTED after motion, second and majority vote on this the
_day of ,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
2
Agenda Item No. 16K4
April 13, 2010
Hay IS, 19M Page 5 of 10
RESOLUTION NO. 84-~
UOl 081 /1~t 534 RESOLUTIOII OUTLINING THE POLICY OF 'l'llE BOA1Ul
OF COUNTY COMMISSIONERS 1~ HEARING PUBLIC
PETITIONS AT REGULARLY SCHEDULED COMMISSION
MEETINGS.
WHEReAS, the Board of County Co~ia8ionera haa traditionally
permitted membera of the public to addre.. the Board of County
Commi..ioners, on public petitions, on any subject' and
WHEREAS, many topica discussed on public petitions involve
items that have been approved by the Board of County Commi.-
aionerl' and.
WHEREAS. in order for the member. of the Board of County
Commissioners to be prepared to address many item. dilcul.ed on
pUblic petitions, -it is necessary for bac;k.up material to be
provided by the County Manager: and
WHEREAS, it is the desire of the Board of County Commis-
sioners to adopt a policy to more effectively control the flow ot
public petitions and to more efficiently utilize the time .et
aaide for public petitions.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMl1IS-
SIONERS Of COLLIER COVNTY, f'LORlOA, thAt:
Section 1. It is tho desire and intent of the Board of
County Conmilsioners to ~ontinuc eo permit members of the pUblic
to address tt.e Board of County Commi..ionera dur1.nq the public
petitions section of ~he advertised agenda, but to provide
policies ynd guidelines to control this lection of the aqcnda.
In order to more ef!icj~ntly and effectively utilize the time of
the Board of County Cornmis~ionors in dealinq with public peti-
tions. followin9 policies and quidelinaa shall be effective trom
May IS, 1984, until ch6nqcd by Reaolution of the Board of County
Commissioner..
Section 2. Any individual. deairinq to addrea. the Board
of County Corrani..sionerl, on p\.1b11c petition, ahall not1fy the
County Manaqer in writinq and .hell provide detailed inforaa~ion
::.....:.J c::J
--- - :';;;'..,..~~
Agenda Item No. 16K4
April 13, 2
Hay IS, I9A4 Page 6 of
to the County Manager a. to the nature of their petition. The
County Manager may pre.cribe forme to be completed by membera of
the publio in ordar to inlure that adequate information i. pro-
vided to the County Manager concerning the nature of the peti-
tion. The County Manager shall place the petition on the Agenda
of the Soard of County Commie.ioners and shall provide any backup
ma.terial deemed nec..sary t.O fully inform the members of t.he
Board of County Commissioners al to the nature of the petition.
In the event that the public petitinn concern. an item
previously approved or denied hy the Board of. County Commie-
sioners, the Board of County Commissioners shall determine
whethor th~ publia potieion shall be heard. In the event t.ha~ a
majority of the entira membership of the Board of County Commia-
lioners desires to h04r the public petition, then the Board ot
County Commissioners sholl Het a date for "hearing' the pUblic
mAY take wh.:ltQvcr ....ction de"med appropriate by tho Board of
County CommiBsioner~.
petition. GrAnting of the petition shall in no way be con.idered
ft re-hearinq by the Board of County Commissioners. Upon comple-
tion of the public petition. the BO<lrd of County Commissioners
In the event that the public petition concern. an item not
previously voted on by the Doc\rd of County CommiSSioners, then
the public petition 8hall be hC,!Ird by the Board of County
Commissioners at the me('tinq at which tho itam i. scheduled.
Upon completion of the public petition, the Doard of County
Commissioners may taKe wh,!ltcver action deemed appropriate by the
'Board" of" County Commissioners.
Section J. This Resolution shall toke effect on May IS,
1984, and shall apply to All public petition. filed sub.equent to
that date or pending as of that date.
':'~.
lODe 081 IA\[ 535
Agenda Item No. 16K4
April 13, 2010
Page 7 of 10
call
U81 III! 536 -
Thi. Resolution adopted after motio-, .econd and roll
vote a. follow..
Commis.ioner Kruse Motioned and "'fe
Commilsioner Voss Secc:nden snd aye
Commissioner Pbtor Aya
Commi..loner Hi,>llsnd Aye
Commissioner Brawn Aye
.j,)"!'.-
BO~RD OF COUNTY COMMISSIONERS
COL~~TY. FLORID~
By. ~~ L'~
. ifwN, Arman
nnd
r'.'"
c:::::J
- ~ lliJD1
""'00
,,;~~
(00_
/.-...N 0
i '.-)00
~"
_ 0>
E"" C1l
~~o.
C1l
'0
c::
"
0>
-0:
V)
C
o
:;:;
1'0
U
'c:
::l
E
E
o
V
1'0
....
Q)
c
Q)
(,:l
c
o
'Ii;
.~
E
E
o
V
LJ"l "0
..... c:
=l:l: 1'0
Ett:
Q) 1'0
:::til
m m
gf gf~ gf "5 ~
.-:E Cli :E M ...... ""Cj..o 0>
;...........mU...... ~ --s::
..0 ~ ...... :.:::: s::.s W Cli Sn 0
;>..00..00;:::: -Sr/) ~
;:::: r/) ""Cj ~ m ~ r/) s:: ..8 m
Cli ...... - '"' 00 0 ...... .r/)
~ ~ B ~ ~ - s:: '..... .....
s:: .- .J:: 01) ti .-."'= 0 ~
.- ~ 0 ...... s:: ~ .J::~" S
1=: ;.....~..... r^.-'~ ...... ~ :::
O~ ~....... ~ s:: r/) ;..... 0.. s:: Cli
...... .- 0 Cli ~ U ~ m
U ~ ""Cj ..0 ...... ~ .J:: ...... 1:; ~
~ 0........- ...... ..... ............. 0 ......
1ii ~ .J:: ..c ~ 0..0 0.. 't;j
~""CjOO~ - ~~~S.J::
.~ 8 ~ ~ e; C/) s:: -B ~,- .t::
.J::m-.J::l:; ~ O~~~~
~ g ta .~ ..c 0 t: 0 - Cli ~
~..c~~ ~ ;..... ]..0 B ~ S
'"' . - ;>- ;>- S ~ Cli ...... .J:: ..c
od)""Cj~ ""Cjg ..800,.,q......;.....
(1) 0.. s:: u ;..... ~;..... ...... s::.~ g'h ~
0.. . ~ <C 8 ~ 6s 0 ..t:::Q;..... s:: Cli
~....... . s:: Cli ;..... ::r:: c;a 0......
a ..0 ta.- 00 0..:':::: ...... i3 -S Os
o ~...c: "E s:: 9-...... .. a 0 ~ ......
m -...... o'.c ~ ~ <C - > 0 ......
~ ~ ~ s:: ~ ,- 0 E-- - cd m ;.....
Cli:':::::'::::Clia""Cj{; E--"5...c:~~
~ C/) 0.. .s 00 . ~ a:1 b 0 clj
] ~ .s ~ ~ ~ ~ .~ a ~ .~:E ~s
E-- .-.J:: ~ clj....... ....... .J:: U H ~ ~......
;...........;..... clj~U >-,0 ......
r~'; ~ ""Cj ""Cj gf ;>.. ;>.. _C/) 0::: 0 u B 01)
'""" clj s:: o. ..... U3 .- ~ p;.:j I s::
H clj...... d) ~ c;a ...... Z U I ~ .S-
"-.. S C/) ;>.. ~ 0 (1) ~ 0 ~ ....
5 2 ~ ~ S .~ ~ UO - ~Z ~ : 8
U'- 0;::::< (1) 0 r./J 'ca 15 0..
~ ;..... o.s ~ s:: ;..... r./J ~ ~ (1)
~ ~ ~ ~ gf ~ _S ~ ~ 8 sa ~
2 S ~ € '8 ~ ~ .~ ~ ~ ~ 0 ~
~ (1) s ~ 0 ~ s::.- o:i clj u...c:
- .t:: ...... 0 u ~ <C S U U 0 u ......
<C ~ ~ ~ S t: S g.~ 5
~ .... ,... .... 0 W 0 ~" .....J::
u~S::o~-S U o..o.~
....
Agenda Item No. 16K4
April 13, 2010
. Pf'ge,9 of 19-
and over and over agam that we don't -- we know that there's no sOlUtlOn tor
it, then we should have some way of controlling that.
COMMISSIONER HALAS: Definitely.
COMMISSIONER FIALA: May I add? I totally agree with you. I just
had mentioned to the county manager -- interesting that you would bring
this up -- I said that we have certain individuals around the county -- not a
bunch, just a handful -- who call continuously every single day asking for
different departments to work with them on different things.
And I said to the county manager, how much money is spent in staff
time on all of these different departments answering these people, and then
they come back with new questions the next day, and the next, and it never
stops, never stops,
And I said, should we set a limit of$10,000 of staff time a year or
something? And after that, you know, let's stop it. And they'll use that up
very quickly. They'll use it up in a month's time, And I don't know if that's
even something that can be legally done.
But in this tough time when we're trying to watch our budget anyway
and we've got -- we've got a very, very lean staff as it is -- and still I want to
say our staff members always cater to everybody. I don't care whether it's
one call a year or a hundred calls in a week, they take care of each person
respectfully and, yet, I feel sorry for them and sorry for our budget that we
have to spend it in such ways that it doesn't ever accomplish anything.
CHAIRMAN COYLE: Okay. You know what we're trying to get at.
We want to do it in a way that does not discourage people from --
COMMISSIONER HALAS: That's right.
CHAIRMAN COYLE: -- exercising their right to petition the board
on anything, even if it's outrageous. What we want to do is keep people
from just constantly, time after time after time, wasting the public's money
and the public's time dealing with the same issue over and over and over.
MR. KLA TZKOW: I understand.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: Just one brief comment, if I may.
CHAIRMAN COYLE: Okay.
700
;.::~~
",0_
_NO
E;i, ""5 (l) ~ .8
~~~ Vl Ea -B :,,, r::: ........ ~ ~
<1l ....... 1a (l) Vl """ 0 ::-< ...., 't:l
-g ~ ~ Vl............... r::: ....... - C_
~ ~ ~ p Q).~ .~ ~ 1:: ~;a
~ ~~ - (l) U -....... _ V ~
~ ~ d Vl a Q) S ~ '3 'a (l)
g Vl. ~ .8 r::: fr s. bl) bl) C'-. Ea
~s~-~~ ~g~ ~~ g (l)
0_ l-R -.... r::: 0 - ~
- ....... Vl 't:l (l) 0 0 ....... Vl ;;>
~ "'0 ~ ~ ~ ...c:= - '.0 .t:: (l) C'-. ......
- q ...- 1a - bl) .........0 r::: Vl ....,
(l) <t:; 0 - I-< ...c: r::: r::: "'0 . ...... oh ro "'0 (l)
...c:= "'0 ::fl'~ - (l)'~ "'9...c:0 r::: .~ 0 ~
a . 0 .::: ...c: ~ -s: ':S ,"'....... l:: r::: ~
(l)...c:=-...c:- r:::" ~Ct-B ::s...c:= F= g
U g bl) ~ -B :.E:>.. ~ ....... ro 6' ...c:= bl) ~ (l)
g ~.s ~.~ - = Vl 6 (l) ro _ ::s 0 Vl
uu;'o........" rroVl I-<U_. gg tr F=
bl) (l) bl) (l) ~ g'u 8 0.. a ::s 0 ..0 (l) . ro 3~
. ...... (l) Vl...c: (l) "'0 (l) (l) "'0 r::: 0.!!3 ro "'0 1: 0 0
..0 c.l:: -(l) E-< ...c: _ ~ r::: ."3....... ~ ro ~ ro . bl) - '"':"l
(l) ~ ...c: -. (l) ro (l) 0 "'0 Vl ::J ...c:= fr'c g "C5 ~
~ 0 Vl~ a;) '5 -g;::i ~ Vl S U C5 ;::l ~ ~ (l) '"' ........ ....... C
L' _ :.E :a 0 ;::l o.S .--:,........ (l) (l) bl) U ...... ~ r =< -0 0 .8
.. ...c:= - ro (l) 0 :>.. ro .t:: Q) ~...c:= c <t: . . . . ~ g r:::
<t: .gf 0:"::: U 5h...c: ~ "'0 - ~ - ....... . <t: '<t: . ~ rJ) 0
E-< d (l) 5 (l) .t:: I-< I-< .8 = .8 g .. ~ E-< ~ E-< ~ " '.0
~ d ....... ..0 '-...c: ~ (l) a'5 (l) r:::....... rJ) (l) E-< ~ E-< ~ rJ) ~ 0
~~~0.8]~~15~aS~2~j>-~o~o~<t:~~
o..g 0 bl) (l) d 5h "'0 ~ 0 "'C 0.. ~ .. 0 .. 0" ~..
U 5 ;..~ -B ';;; ro a ~ ~ ~ ~ s ::c ~ U ~ U ~ ~ ~
~a(l)bl)r:::;::l~I-<- ~:>"2~>-~>-~~~~~
~ < a -o'~ S 1a ~ ~ € 0 S ~ ~ 0 ~ 0 ~ 0 ~ ~ 0
z_or:::OI-<-Boo;::lUooZUZUZUZZu
9 .~ ~ _~ '2 .8 ~ 8 g g ~ ~ '2 9 Z 9 Z 9 Z 9 9 Z
rJ)~.o(l)::Jbl)...c:=a~(l) ~::JrJ)<t:rJ)<rJ)~rJ)rJ)<
rJ)(l)r:::~Vlr:::-:>~...c:= ~'VlrJ)~rJ)~rJ) rJ)rJ)~
-...c:=;::l (l)....... I-< (l) VJ - C (l) - - _ _ ......
~ - 0 ~'.o C (l) 'C .!::: 0 ;::l .~ ~ ::;E ~ ~ ~
~(l)U~~--Bbl)"'O_~g~~-~_~_ ~_,
~..o(l)Vl..oVlO r:::1a ..o~<t:~<t:~<t: ~<t:"'O
0.8-B~~80s~...c:= ~~o::co::co::coo::c~
U bl) r::: ro........ ~ rJ) ro '50 ~ U - ........ U U U U U U U U U 3
r::: (l) d....... 0 Vl :> (l) ....... 0
..........c:= I:< :> Vl (l) Vl ro :>:> ',=
~~Bu~ -B~~ ~u ~