Email Attachment: Trio - County Attorney Memorandum 7-5-17OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
DATE: July 5, 2017
TO: The Board of County Commissioners, sitting as the Board of Zoning Appeals
Commissioner Penny Taylor, Chairman, District 4
Commissioner Andy Solis, Vice -Chair, District 2
Commissioner Donna Fiala, CRAB Co -Chair, District 1
Commissioner Burt Saunders, District 3
Commissioner William L. McDaniel, Jr., CRAB Co -Chair, District 5
FROM: Jeffrey A. Klatzkow, County Attorney
SUBJECT: Hearing on Administrative Appeal of the Issuance of Site Development Plan
Amendment for Kalea Bay a/k/a Kinsale Condominium Phases II -VI in the
Cocohatchee Bay Planned Unit Development ("PUD")
1. General — In keeping with prior appeals of this nature before the Board of Zoning
Appeals ("BZA"), the appeal hearing process is quasi-judicial in nature and is therefore
subject to the provisions of Resolution Number 95-376, requiring proper disclosure of
any Commissioners ex -parte contacts, communications, site visits, or investigations, or
receipt of expert opinions. Likewise, the procedural requirements of Resolution Number
98-167 also apply. Copies of both resolutions are attached for your convenience.
2. The ultimate issues to be determined in the appeal are:
a. Whether there is competent, substantial evidence to support the issuance of the
final site development plan approval; and
b. Whether the site development plan approval is contrary to the goals, objectives
and policies of the Growth Management Plan ("GMP") or that it does not comply
with the requirements of the Settlement Agreement, Land Development Code
("LDC"), particularly Section 10.02.03, or County ordinances including the
applicable PUD Ordinance.
3. The appeal hearing before the BZA is informal.
4. Relevant evidence will be considered at the hearing. The Chairman of the BZA, with the
assistance of the County Attorney, will determine what is relevant evidence.
5. The County Attorney recommends the following procedures:
[17 -CPS -01684/1349228/1]76 Page 1 of
a. The court reporter administers the oath to those wishing to speak. If a speaker
arrives at the hearing after the oath is given, the speaker must be sworn in before
they can speak.
b. The members of the BZA then make their individual ex -parte disclosures. All
communications must be disclosed including letters, e-mails, phone calls, and
meetings. Any personal investigation, such as a site visit, must also be disclosed.
The subject matter of the communication and the identity of the person, groups or
entity with whom the communication took place are all part of the disclosure.
This applies to all communications that took place even before the appeal was
filed. These disclosures must be made at the beginning of the hearing. The BZA
must give any person who wishes to question its members concerning the ex -parte
disclosure the opportunity to ask questions of it. This right may be waived by a
failure to ask questions of the Board.
C, The presentation of the appeal should be as follows:
i. The appealing party presents his case. The time limit is one hour. This
time limit includes any presentation by an expert witness.
a) The Zoning Director may question the appealing party and/or any
of his experts. The time limit is 10 minutes.
b) The impacted property owner may question the appealing party or
any of its experts. The time limit is 10 minutes.
ii. Staff presents its case including the testimony of any expert witnesses.
The time limit is one hour.
a) The appealing party may ask questions. The time limit is 10
minutes.
b) The impacted property owner may ask questions. The time limit is
10 minutes.
iii. The impacted property owner presents its case including the testimony of
any expert witnesses.
a) The Zoning Director may ask questions. The time limit is 10
minutes.
b) The appealing party may ask questions. The time limit is 10
minutes.
iv. The members of the BZA may ask questions at any time during the
proceedings. It is suggested that there be no time limit to the BZA's
questions, subject, however, to the discretion of the Chair.
[17 -CPS -01684/1349228/1]76 Page 2 of 3
V. Interested members of the public may then speak. Time limits per
speaker, including any cross-examination, is 3 minutes. The BZA should
only give consideration to "public testimony" that is relevant to the issues
being discussed.
vi. After Public Comment, in order, the Zoning Director, the appealing party,
and the impacted property owner will each have 10 minutes to sum up.
This summation could include any rebuttal.
vii. Time limits may be extended at the discretion of the Chair.
viii. Upon conclusion of the public speakers' presentations, the BZA should
close the public hearing and commence discussion.
ix. Upon conclusion of the discussion, the BZA will make its motion, second
and then vote. A simple majority is required to approve the motion. The
BZA shall either affirm the final site development plan approval or revoke
the issuance of the final site development plan approval.
Attachments:
Resolution Number 95-376
Resolution Number 98-167
Section 250-58 Code of Laws and Ordinances
[I 7 -CPS -01684/1349228/1 176 Page 3 of 3
JUN 2 0 "
RESOLUTION NO. 25-376
A RESOLUTION RFLATING TO ACCESS TO LOCAL
PUBLIC OFFICIALS; PROVIDING A DEFINITION OF
LOCAL PUBLIC OFFICIAL; PROVIDING FOR ACCESS
TO PUBLIC OFFICIALS; AUTHORIZING IIIVESTIGA-
TIONS AND RECEIPT OF INFORMATION; REQUIRING
DISCLOSURE OF EX PARTE C011MUNICATIOTIS; AND
REPEALING RESOLUTION NO. 'J5-354•
WHEREAS, government in Florida is conducted in the sun-
shine pursuant to Chapter 286, Florida Statutes; and
WHEREAS, the public should be able to voice its opinions
to local elected public officials; and
WHEREAS, elected and public officials are presumed to
perform their duties in a lawful and proper manner; and
WHEREAS, quasi-judicial decision-making must be based on
competent, substantial evidence of record; and
WHEREAS, local elected public officials have been
obstructed or impeded from the fair and effective discharge of
their sworn duties and responsibilities due to expansive inter-
pretations of Jennia
ncL> v. Dde County, a decision rendered by
the Third District Court of Appeal; and
WHEREAS, Section 5, Article I of the Florida Constitution
gives the people the right peaceably to assemble, to instruct
their representatives, and to petition for redress of griev-
ances.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AUTHORITY
Pursuant to Subsection 286.0115, Florida Statutes, Collier
County has the authority to enact this Resolution which removes
the presumption of prejudice from ex parte communications with
local officials by establishing the process set forth herein to
disclose such communications.
SECTION TWO: DEFINITION
As used in this Section, the term "local public official"
means any elected or appointed public official holding a county
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J U N 2 0 1995
office who recommends or takes quasi-judicial action as a
member of such board or commission.
SECTION THREE: ACCESS PERMITTED
1. Any person not otherwise prohibited by statute,
charter provision, or ordinance may discuss with any local
public official the merits of any matter on which action may be
taken by the board or commission on which the local public
official is a member. Adherence to the following procedures
shall remove the presumption of prejudice arising from ex -parte
communications with local public officials.
�a) The substance of any ex -parte communication with a
local public official which relates to quasi-judicial action
pending before the official is not presumed prejudicial to the
action if the subject of the communication and the identity of
the person, group, or entity with whom the communication took
place is disclosed and made a part of the record before final
action on the matter.
(b) A local public official may read a written communi-
cation from any person. However a written communication that
relates to quasi-judicial action pending before the local
public official shall not be presumed prejudicial to the action
and such written communication shall be made a part of the
record of the board or commission before final action on the
matter.
(c) Local public officials may conduct investigations and
site visits and may receive expert opinions regarding quasi-
judicial action pending before them. Such activities shall not
be presumed prejudicial to the action if the existence of the
investigation, site visit, or e;:pert opinion is made a part of
the record before final action on the matter.
(d) Disclosure made pursuant to paragraphs (a), (b) and
(c) must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opin-
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600K 0000''` 192
JUN 2 a 1M
ions contrary to those expressed in the ex -pare communication
are given a reasonable opportunity to refute or respond to the
communication.
SECTION FOUR: REPEAL OF RESOLUTION NO. 95-354
Resolution No. 95-354 is hereby repealed in its entirety.
This Resolution adopted this 7.0th day of June, 1995,
after motion, second and majority vote favoring same.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.'BROCK, Clerk COLLIER COUNTY, FLORIDA
By
.BETTY f) TTHEWS, C airman
Approved as to form and
legal sufficiency:
Kenneth B. Cuyl
County Attorne
Mmol.nm5
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tw (100 prt 193
RESOLUTION 98- 167
A RESOLUTION ESTABLISHING PROCEDURES FOR
PRESENTATIONS AND PUBLIC COMMENT BEFORE
THE BOARD OF COUNTY COMMISSIONERS AND
THE COLLIER COUNTY PLANNING COMMISSION.
WHEREAS, the Collier County Board of Commissioners (Board), as the duly
elected governing body for Collier County, holds regularly scheduled public hearings to
discuss, review and act upon items of concern to and affecting the residents of Collier
County; and
WHEREAS, the Collier County Planning Commission (CCPC), serving as the
local planning agency and the land development regulation commission as required by
F.S. §§ 163.3174 and 163.3194, holds regularly scheduled public hearings to discuss,
review, act upon and make recommendations to the Board relative to items of concern to
and affecting the residents of Collier County; and
WHEREAS, included in these items may be advertised public hearings of a quasi-
judicial or legislative nature; and
WHEREAS, the public may wish to comment on these items scheduled for
considera ion before the Board or the CCPC; and
EREAS, in order to maintain, equity, decorum and order at these regularly
schedul d public hearings, it is necessary to establish standard procedures for
` presentations and public comment before the Board and the CCPC; and
`s
WHEREAS, the Board has prepared these rules in an attempt to encourage public
i participation during advertised public hearings, including quasi-judicial hearings, in a
majrner consistent with the requirements of law,'
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:..
The Board of County Commissioners declares that the procedures set forth,
' attached hereto, and incorporated by reference herein as Exhibit A, applicable to the
Board and the Collier County Planning Commission as stated in said Exhibit, are fair and
reasonable, and are hereby adopted.
BE IT FUR'T'HER RESOLVED that this Resolution relating to procedures for
Board and CCPC presentations and public comment be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote favoring same.
Done this 4:_ day of 1998.
ATTEST BOARD OF COUNTY COMMISSIONERS
y
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
?Attest as to Chairm s
•::r;, ,.,'r;,'r, W!itlggnature only.
` V !Apprgved as to form and legal
A
David C. Weigel, Cou6ey Attorney
Barbara B. Berry, Chairman
Exhibit "All
Procedures for Presentationsbeforethe Collier County Board of
Commissioners and as Applicable to the Collier County Planning
Commission
A. Public Comment on General Topics: Members of the public may register to speak
on general topics under the Public Comment portion of the Board of County
Commissioner's (Board) agenda. The number of speakers permitted to register
under public comment on any given agenda shall be limited to a maximum of
five, unless the Chairman recognizes additional speakers.
I. Speaker Registration: Individuals wishing to speak to the Board under public
comment at any regularly scheduled meeting of the Board of County
Commissioners shall register to speak in writing on the form provided by the
County prior to the public comment portion of the agenda being called by the
Chairman.
II. Time Limits:
a) Public Comment:
I Maximum 5 minutes per speakgr-
B. Public Petitions: Public Petitions are limited to a single speaker. In general, the
Board will not take action on public petition it on the day the petition is
presented, but may direct staff to take action, or bring back the item to the Board
at a future date for consideration. The County Administrator may defer scheduling
a public petition for a reasonable period of time in order to allow sufficient time
for staff to review the content and thus prepare for questions from the Board.
1. Registration: Individuals wishing to make a public petition to the Board of
County Commissioners shall present such a request in writing to the County
Administrator a minimum of 13 days prior to the Board meeting date on which
the public petition is requested to be heard. The written request shall include the
name(s) and address(es) of all petitioners, including a primary contact name,
address and telephone number, and shall state the nature of the petition, including
any exhibits and/or back up material which maybe pertinent to the petition.
Il. ij:—me —Limits. Maximum 10 minutes per speaker.
C. Advertised Public Hearings: For procedural purposes, advertised public hearings
fall into two categories: those which are quasi-judicial in nature; and other types
of advertised public hearings, including those which are legislative in nature.
Quasi -Judicial Public Hearinim
a) Purpose and Intent: The Board has prepared these rules in an attempt to
encourage public participation during quasi-judicial hearings in a manner
consistent with the requirements of law. As part of that effort and within the
confines of the law, the Board intends its hearings to be informal while
recognizing the need for certain structure to maintain orderly hearings.
Notwithstanding the procedures established by resolution, the Board may modify
these procedures to effectuate the effective presentation of evidence.
b) Applicability of these Procedures:
(1) Ouasi-Judicial Proceedings. These procedures apply to all nasi- udi Mlial
_.
proceedings heard by the Board and the CCPC regardless of the capacity
in which the Board is sitting. Quasi -Judicial actions concern the
implementation of policy, which has already been set, and affording the
Board, and in some instances the CCPC, limited discretion in deciding
whether to approve or deny a land use permit. These include land use
actions which have an impact on a limited number of persons or property
owners on identifiable parties and interests, where the decision is
contingent on a fact or facts arrived at from distinct alternatives
presented at a hearing. Examples of quasi-judicial proceedings include
but are not limited to: site specific rezonings (provided they involve
policy implementation); development of regional impact hearings;
conditional use permits; variances; boat dock extension petitions; and
administrative appeals.
(2) Legislative Proceedings. U'on of these procedures by the Board or
the
e CCPC when sitting_jn a legislative capacity does not change the
character of the legislative procee cling nor does it confer any additional
rights or remedies upon any person or party.
C) Pre-Hearina Submittals:
(1) Application. . An applicant (as defined in the Collier County Land
Development Code) shall make application as provided in the procedures
established for the individual decision being requested.
(2) Staff/Agency Recommendation. To the extent that the applicable
procedure requires a staff review and written recommendation to be
presented to the Board, such written recommendation shall be completed
and available for public inspection no later than ten calendar days prior to
the hearing before the Board.
(3) Written Presentation. No later than one week prior to the scheduled public
hearing before the Board, any applicant, proponent, or opponent may
submit any written arguments, evidence, explanations, studies, reports,
petitions or other documentation to S for intended consideration by the
s'
Board in support of or in opposition i the application. In order to be
included in a Board or CCPC Agenda packet, any written arguments,
evidence, explanations, studies, reports, petitions or other documentation
must be submitted to the appropriate staff no later than three weeks prior
to the scheduled hearing before the respective body. All written
submissions, not including pictorial displays (maps, graphs and the like)
must be on 8-1/2 x 11 -inch paper. No written materials will be accepted
by the Board at its hearing unless, a-t-tic-Bo-ar-d-'s-&ts-cr-eUon, -Tcc-e-p�Mce-is
,l '' 7 i ' ' WRT
necessary to I Uli 112 11, ! l:3i1;ll1ll,1!"Written _S!11115�1 I I
considered and entered into the record of the meeting in accordance wiNsubsection C.I. d)(4) below. _____
General. It is the expectation that the hearing will be informal. All
members of the public who address the Board or the CC?C shall utilize
the speaker's podium to allow their comments to be recorded. Each
speaker shall state his or her name and address for the record.
Additionally, speakers shall indicate whether they are speaking on behalf
of themselves or others.
(a) Time Limitation Guidelines. Iti is expected that presentations will
be organized and efficiently presented. As a guideline to
presentations, in addition to the written comments submitted as
part of the preliminary record, it is expected that persons of the
following status will prepare their discussions and corm-nents to
be completed within the prescribed time limits:
1. Staff shall be responsible for presenting the case on
behalf of Collier bounty and shall limit their
presentations to twenti(20) minutes.
2. The applicant shall present his or her entire case in twenty
(20) minutes.
3. Expert witnesses shall be limited to ten (1 d) minutes
each.
4. Persons who have been authorized to represent an
organization with five (5) or more members or a group of
five (5) or more persons should limit their presentation to
ten (10) minutes. It is expected that others in the
organization or group waive their time.
5. All other persons may speak for a maximum of five (5)
minutes each.
6. No speaker may give his or her time to any other speaker.
At the discretion of the Chairman an,
any -speaker may be ext ende time for
-
A-_
(b) Registration of S2Mk_cn. Persons who desire to speak on an item
shall, prior to the item being called to be heard by the Chairman,
register with the County Administrator on the forms provided.
Five (5) or more persons deemed by the Board to be associated
together or otherwise represent a common point of view, as
proponents or opponents on any item may be requested to select a
spokesperson.
(2) Order and Subject of Appearance: To the extent possible, the following
shall be the order of the proceeding:
(a) Preliminary Statement. The Chairman shall read a preliminary
statement once at the beginning of the quasi-judicial hearing
portion of the agenda outlining the procedure, which shall be
followed.
(b) Sworn Testimony. The applicant, staff, and all witnesses
requesting to speak shall be collectively sworn.
Azreement with Staffs Recommendation. If the applicant or
agent of the applicant agrees with staffs recommendation and
wishes to waive his or her right to present additional evidence,
and if no commissioner or anyone from die audience wishes to
speak for or against the quasi-judicial agenda item, the Board may
vote on the item based upon staff's presentation and the materials
in the agenda back-up,
(d) Initial Presentation by Staff County staff shall make the initial
presentation to the Board regarding any item under consideration.
After completion of the staff plesentation, the Board may make
inquiries of staff at this time. An applicant or appellant may ask
questions of, or seek clarification from, staff by request through
the Chairman at the time that party makes its initial presentation
to the Board.
(e) Applicant's Presentation. After staff presentation, the applicant(s)
shall be allowed to make a presentation to the Board based on the
time limitation guidelines outlined in the preceding subsection (d)
(1) (a), above. During and after the applicants' presentation, the
Board shall have an opportunity to comment or ask questions of
or sock clarification from the applicant The Board may also
allow staff to comment, ask questions or seek clarification from
the applicant(s) at this time.
? (f) Speakers. After Board and staff inquiry of the applicant speakers
shall be allowed to speak based on the time limitation guidelines
outlined in the preceding subsection (d) (1) (a), above. During and
after a speaker's presentation, the Board shall have an opportunity
to comment or ask questions of or seek clarification from such
speaker. The Board may also allow staff to comment, ask
questions of or seek clarification from speakers.
(g) Staff Response and Sumrnarv. The staff shall be allowed an
opportunity for response to the presentations by the applicant,
proponents and opponents and a summary with any changes in
position after consideration of relevant public comment. Proponents
and opponents who believe that the staff response includes errors of
fact or law may ask for and may be allowed an opportunity to point
out such errors of fact or law.
(h) -Applicant's Rebuttal EresenlatiM,
I Applicant's rebuttal shall be allowed only on items where
there is an applicant other than the Board or Board staff.
After staff response, the applicant shall be allowed an
opportunity for rebuttal, Rebuttal shall be limited to five
(5) minutes unless otherwise set by the Board. Rebuttal
shall only address previous comments.
Z. Staff, who believe that the rebuttal presentation includes
an error of fact or law, may ask for and may be allowed
an opportunity to point out such error of fact or law.
(i) Board and Staff Inguiry. After all presentations have been made
as outlined above, the Board shall have a final opportunity to
comment or ask questions. The Board may allow staff to respond
to comments previously made at this time.
Limiton Presentations. No person who has made a presentation
for or against an item at a given meeting shall be allowed to make
additional comments, unless requested to do so by the Board.
(k) Closing of Public Comment. In those matters on which public
comment is heard by the Board, the Chairman shall close the
public comment portion of the meeting (on that item) upon the
conclusion of the last speaker's comments or, in the Board's
discretion, if no new relevant information is being presented. No
additional public comments shall be allowed, except in specific
response to questions by members of the Board.
(3) Miscellaneous Items:
(a) Continuing Record /Speakers QIalificItons The Clerk to the
Board ("Clerk') shall maintain a file with the most recent copies
of resumes previously filed with the Clerk by county staff
presenters. All other persons testifying on issues requiring
educational, occupational and other experience who wish to be
qualified as experts shall submit their qualifications in written
form for the Board's approval to speak as expert witnesses.
(b) Organizational or group Speakers. Prior to presenting his/her
case, any person representing an organization or other persons
shall indicate, in writing, the organization or group he/she
represents and how he/she received authorization to speak on
behalf of such organization or group of persons. The Board may
make further inquiry into the represented authority of such person
if necessary.
(c) Restrictions on Testimg= , or Presentation of Evidence.
Notwithstanding any provisions herein, any Board member may
interrupt any presentation that contains matters which need not be
considered in deciding the matter then before the Board for
consideration. At any Board proceeding, the Chairman, unless
overruled by majority of the Board members present, may restrict
or terminate presentations which in the chairman's judgment are
frivolous, unduly repetitive or but of order.
(d) Public Officials. Notwithstanding other provisions hereof, the
Board may allow any elected or appointed public official, or
representative thereof, to appear and make presentations at any
time with regard to matters under consideration.
U(e) Continued Public Heariggg. In any matter where it is known that a
scheduled public hearing will be continued to a future date
certain, the staff report may be abbreviated and public comment
may be limited to those persons who state that they believe they
can not be available to speak on the date to which the public
hearing is being continued. Such persons may make their
comments at the current meeting; provided, however, that upon
making their comments, such ,persons shall waive the right to
repeat or make substantially] the same presentation at any
subsequent meeting on the sae subject. This waiver shall not
preclude such persons from making different presentations based
on new information or from offering response to other persons'
presentation, if otherwise allowable, at any subsequent meeting.
(4) The Record
(a) Automatically Included in the &cord: The following documents
shall automatically be included in the record of the hearing before
the Board:
(1) The record from any preliminary heating, the agenda
packet, the staff report and the transcript of the hearing
before the Board;
(2) Written comments and documents previously entered into
the record at a prior Board meeting on the particular
matter.
(b) Items Which Shall Be Placed in the Record:' Any additional
documents, exhibits, diagrams, petitions, letters or other materials
presented in support of, or in opposition to, an item to be
considered by the Board shall be entered into the record, as long
as it was received by the Board's Clerk or the applicable Collier
County department seven (7) days prior to the date of the hearing.
(c) Additional Evidence. Except pursuant to subsection Q (3) above,
Written Presentation, any additional written or documentary
evidence filed within seven (7) days of the date of the hearing
shall not become part of the record.
(d) Custodian. The Clerk shall be the official custodian of the record.
(e) Exhibits. Unless an oversized exhibit is absolutely essential,
documentary paper or photographic exhibits should not exceed 24
inches by 36 inches and, if mounted on a backboard, shall be
removable therefrom. All documentary evidence should be
capable of being folded and filed.
Other Public Hearings: The following rules apply to advertised public hearings
oche{ than those which are quasi-judicial in nature, including those advertised
public hearings which are legislative in nature.
a) Pre -Hearing Submittals-,
(1) Application. An applicant (as defined in the Collier County Land
Development Code) shall make application as provided in the procedures
established for the individual decision being requested.
(2) Staff/Agency Recommendation. To the extent that the applicable
procedure requires a staff review and written recommendation to be
presented to the Board, that written recommendation shall be completed
and available for public inspection no later than ten calendar days prior
to the hearing before the Board.
(3) Written Presentation. No later than one week prior to the scheduled public
hearing before the Board, any applica4 proponent, or opponent may
submit, in support of or in opposition to the issue which is the subject of
the advertised public hearing, any written arguments, evidence,
explanations, studies, reports, petitions or other documentation to staff for
intended consideration by the Board. All written submissions, not
including pictorial displays (maps, graphs and the like) must be on 8-1/2 x,
I I -inch paper.
b) Public HpAtaw
(1) General. All members of the public who address the Board shall utilize
the speaker's podium to allow their comments to be recorded, and shall
identify themselves by name and local addresses, if applicable. Further,
any speaker speaking on behalf of an organization or group of individuals
(exceeding five) shall indicate such and shall cite the source of such
authority whether by request, petition, vote, or otherwise.
(a) Time Limitation Guidelines. It is expected that presentations will
be organized and efficiently presented. As a guideline to
presentations, in addition to the written comments submitted as
part of the preliminary record, it is expected that persons in the
following status will prepare their discussions and comments to
be completed within the prescribed time limits:
1. Staff shall be responsible for summarizing the item for
the Board and shall limit such presentation to a maximum
of twenty (20) minutes.
2. For advertised public hearing item (other than those
which are quasi-judicial in nature), where there is an
applicant other than the Board of County Commissioners
or staff, following the staff summary of the item the
applicant will have an opportunity to make a maximum
(10) minute presentation.
3. Persons who have been authorized to represent an
organization with five (5) or more members or a group of
five (5) or more persons should limit their presentation to
ten (10) minutes. It is expected that others in the
organization or group waive their time.
All other persons may speak for a maximum of five (5)
minutes each.
5. No speaker may give his or her time to any other speaker.
At the discretion of ti ; Chairman, the time allowed for
any speaker may be extended
(b) Speakere erso
Registration. P ns,;other than staff and the applicant
(where applicable), wishing to speak on an advertised public
hearing item shall, prior to the item being heard, register with the
County Administrator on the forms provided. Five (5) or more
persons deemed by the Board to be associated together or
otherwise represent a common point of view, as proponents or
opponents on any item may be requested to select a spokesperson.
(2) MisccIlqMus Item:
(a) gigmizational or Grom S2MkM. Prior to making his/her
cornments, any person representing an organization or other
persons shall indicate who he/she represents and how he/she
received authorization to speak an behalf of such organization or
group of persons. The Board may make further inquiry into the
represented authority of such person if necessary.
(b) Restrictions on Comments Deemed Not Germane to the I=.
Notwithstanding any provisions herein, any Board member may
interrupt and/or stop any presentation that discusses matters that
need not be considered in deciding the matter then before the
Board for consideration. At any Board proceeding, the Chairman,
unless overruled by majority of the Board members present, may
restrict or terminate presentations which in the chairman's
judgment are frivolous, unduly repetitive or out of order.
(c) Public Officials. Notwithstanding other provisions hereof, the
Board may allow any elected or appointed public official or
representative thereof, to appear and make presentations at any
time with regard to matters under consideration.
(d) Continued Public Hearings. In any matter where it is known that a
scheduled public hearing will be continued to a future date
certain, the staff report may be abbreviated and public comment
may be limited to those persons who state that they believe they
cannot be available to speak on the date to which the public
hearing is being continued. Such persons may make their
comments at the current meeting; provided, however, that upon
making their comments, such persons shall waive the right to
repeat or make substantially the same presentation at any
subsequent meeting on the same subject.
D. Other Agenda Items Before the Board: In addition to public hearing, public
comment and public petition items, with the approval of the Board, members of
the public may speak on other Board agenda items.
1. Registration: Persons wishing to speak on agenda items other than advertised
public hearing items, public comment on general topics and public petition items,
shall register to speak on the form provided by the County prior to the item being
called by the Chairman to be heard.
II Time Limits: Where the Board has requested or otherwise authorized public
input on agenda items other than public hearing, public comment on general
topic, or public petitions items, speakers will be limited to a maximum of 5
minutes.
Sec. 250-58. - Appeal from decision of administrative official.
(a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by
any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies
in the area affected by the administrative decision, determination or requirement made by the
administrative official. Such appeals shall be taken within 30 days by filing with the administrative
official a written notice specifying the grounds thereof. The administrative official shall forthwith
transmit to the board all papers, documents, and maps constituting the record of the administrative
action from which an appeal is taken.
(b) Due public notice of the hearing on the administrative appeal shall be given.
(c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the
appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed
affirmed.
(Laws of Fla. ch. 67-1246, § 16; Laws of Fla. ch. 2001-344, § 1)
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