Agenda 04/27/2010 Item #16K 2
Agenda Item No. 16K2
April 27, 2010
Page 1 of 5
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, 2010, 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. On April 13, 2010, Board (Agenda
Item 12B, formerly 16K4) considered a resolution prepared by the County Attorney Office that
limits repetitive public petition and comments. The Board directed that certain changes be made to
the Resolution. These changes are underlined below.
The proposed Resolution provides that:
1. 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"). If believed to be repetitive. at the next available Board meeting. the County
Manager or designee shall report his findings to the Board. The Board. by a maiority vote.
shall determine whether a Public Petition is a Repetitive Public Petition. The County
Manager or designee shall provide the commenter with the Board's determination.
2. -,^~bs6flt special circumstances, the County Manager or designee shall not sehedule 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 Repetiti'/6 P1:1blic Petition, the Chairman may im.mediately conclude
discussions and a<kise the Petitioner of SafFle.
1. If at any tim.e during the Board's consideration of or 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. subiect to approval by a maiority of the Board. 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.
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.
Agenda Item No. 16K2
April 27, 2010
Page 2 of 5
FISCAL IMP ACT: 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-O 1 023/395
Agenda Item No. 16K2
April 27, 2010
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16K2
Recommendation to adopt a Resolution limiting repetitive public petitions and comments,
4/27/20109:00:00 AM
Prepared By
Jeff Klatzkow County Attorney Date
4/19/201012:26:43 PM
Prepared By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney 4/19/201012:26:43 PM
Approved By
Jeff Klatzkow County Attorney Date
4{19/2010 1:12 PM
Approved By
OMB Coordinator Date
County Manager's Office Office of Management & Budget 4{19{2010 1:44 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management & Office of Management & Budget
Budget 4{19{2010 6:10 PM
Approved By
Michael Sheffield Assistant to the County Manager Date
County Managers Office 4{20/2010 10:20 AM
Agenda Item No. 16K2
April 27, 2010
Page 4 of 5
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
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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 participation at meetings while also maintaining order and efficiency; and
WHEREAS, this Resolution is intended to be read in conjunction with Resolution No.
84-96.
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"). If believed to be repetitive, at the next available Board meeting, the
County Manager or designee shall report his findings to the Board. The Board, by a
majority vote, shall determine whether a Public Petition is a Repetitive Public Petition.
The County Manager or designee shall provide the commenter with the Board's
determination.
2. If at any time during the Board's consideration of a public petition or 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, subject to approval by a majority of the Board,
immediately conclude discussions and advise the Petitioner of same.
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Agenda Item No. 16K2
April 27, 2010
Pag~ 5 of 5
THIS RESOLUTION ADOPTED after motio~ second and majority vote on this the
day of , 2010.
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ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNlY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
Ie s iency:
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