Resolution 1998-167
RESOLUTION 98--1.6L-
A RESOLUTION ESTABI.lSHING PROCEDURES FOR
f'RESENTATIONS AND PUBUC COMMENT DEFORE
TilE BOARD OF COUNTY COMMISSIONERS AND
TilE COLLIER COUNTY PLANNING COMMISSION.
WHEREAS. the Collier County Board of Commissioners (Board). as Ihe duly
elected goveming hody for Collier County. holds rcgularly scheduled puhlic hearings to
discllss. review ,lOti .lcl upon items of concem to and affecting Ihe 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 re~uired by
r.s. ~* 163.3174 and 163.3194. holds regularly scheduled puhlie hearings 10 discuss.
review, aClupon and make recommendations 10 the Board relative 10 items of concern 10
,md affecting the residents of Collier Coullly; and
WIIERE/\S. included in these items may be ad\'ertised public hearings ofa quasi-
judicial or legislative nature; and
WHEREAS. lhe public may wish to comment on these items scheduled for
consideration before the Bo,m! or Ihe CCPC; and
WHEREAS. in order 10 maintain. equity. decorum and ordcr at Ihese regularly
schedulcd public he:Jrings, it is necessary to establish standard procedures for
presentations and public comment before lhe Board and the CCPC; :Jnd
WHEREAS. the Board has prepared Ihese rules in an atlemptlo encourage public
participation during advertised public hearings. including quasi-judicial hearings. in a
manner consistent with the requirements of law.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLUER COUNTY. FLORIDA that:
TIle Board of County Commissioners tlecl.lres thuI the procedures sel forth.
auached hereto, and incorporated by rererence herein as Exhibit A. applicable 10 the
8 A 1 .~
. .
8 A 1 -.
Board and the Collicr County Planning Commission as stated in said Exhibil. arc fair and
rcasonable, and are hercby adopted.
BE IT FURTHER RESOLVED that this Rcsolution relating to procedures for
Board and CCPC presentations and public comment be reeorded jn the minutes of this
Board.
This Rcsolution adoptcd afier motion, second and majority vote favoring samc.
Done this /9
,
day of '~7
.1998.
ATTEST
Dwight E. Brock. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
&fk"v-<_~;:})/~ ~ ~
./ -~ Barbara 8, Berry, Chainnan
I ,utest IS to Chatrun.s
" 'slgnature onl,.
'Approved as to fonn and legal
sufficiency:
2
BAl~
Exhibit "A"
Procedures for Presentations before the Collier County Board of
Commissioners and as Applicable to the Collier County Plannin2
Commission
A. Puhlic Commcnt on Gcneral Topics: Memhcrs of the public may register to speak
on general topics under the Public Comment portion of the Board of County
Commissioner's (Board) agcnda. The number of speakers penllilted to register
under public comment on any given agenda shall be limited to a maximum of
five, unless the Chainnan recognizes additional speakers.
I. Sneaker Rcaistration: Individuals wishing to speak to the Board under public
commcnt at any regularly !icheduled meeting of the Board of County
Commissioners shall rcgister to speak in writing on the fonn provided by the
County prior to the public comment portion of the agenda being called by the
Chainnan.
H. Time Limits:
a) Public Commcnt:
J. Maximum 5 minutes per speaker.
B. Public Petitions: Public Petitions arc limited 10 a single speaker. In general, the
Board will not take action on public petition items on the day the pelition 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 pctition 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. Reaistration: Individuals wishing to make a public petition to the Board of
County Commissioners shafl 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 \"'Titten request shall include the
name(s) and address(es) 0" 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 mny be pertinent to the petition.
II. Time Limits: Maximum 10 minutes per speaker.
C. Advcrtised Public Hearings: For procedural purposes, advertised public hearings
fall into two categories: those \vhich arc qunsi-jlldicial in nature; and other types
of advertised public heJrings, illClllUiTlg those which arc legislativc in nature.
I. Quasi-Judicial Public Ilcarilll!S~
8A 1.A:,_
a) Purnose and Intent: The Board has prepared these rules in an .lltempt to
encourage public participation during quasi-judicial hearings in a manner
consistent with the requirements of law. As part of that efCort and within the
confines of the law, the Board intends its hearings to be infomlal while
recognizing the need for certain structure to maintain orderly hearings.
Notwithstanding the procedures established by resolution, the Board may modi fy
these procedures to effectuate the effective presentation of evidence.
b) ili'>nlicahilitv of these Procedures:
(I) OU:lsi-Judicial Proceedings. These procedures apply to all quasi-judicial
proceedings heard by the Board and the CCPC regardless of the capacity
in which the T10ard is silting. Quasi-Judicial actions concern the
implementation of policy, which has already bcen set, and affording the
Board, and in some instances the cepe, limited discretion in deciding
whether to approve or deny a land llse 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 Cact or facts arrived at from distinct alternatives
presented at a hearing. Examples of quasi-judicial proceedings include
but arc 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) Lecislative Proceedinl.!s. Utilization of these procedures by the Board or
the cepc when silting in u legislative capacity docs not change the
character of the legislativc proceeding nor docs it confer any additional
rights or rcmedies upon <lny person or party.
C) Pre-Ilcarinl! Submittals:
(I) Almlicalion. An applicant (as detined in the Collier County Land
Development Codc) shall make application as provided in thc procedures
established for the individual decision being requested.
(2) Slafl/Al.!encY Recommendation. To the extent that the OlpplieOlble
procedurc rcquires a SI;]I'!' review and written recommendation to be
prl'sented to the Bo;]nJ. such writtcn recommendation shall be completed
and :lv:1ilable for public inspection no later than ten calendar days prior to
the hearing beCore the Board.
(3) Writtcn Presentation. No latcr than one week prior to the scheduled public
hearing before the Board, any applicant, proponent, or opponent may
submit any written arguments, evidence, explanations, studie!\, reports.
pt:titions or other documentation to staff for intended considerntion by the
Board in SUPPOI' of or in opposition to the application. In order to be
included in a Board or CCPC Agenda packet. any \'vTilten arguments.
evidcncc. cxplan:1tions. studies, reports, petitions or other documentation
mll~t be submitted to the appropriate staff no later than three weeh prior
to the scheduled hearing before the respective body. All written
2
--.
tiA 1 ~
submissions, not including pictorial displays (maps, graphs and the like)
must be on 8-1/2 x II-inch paper. No '''Tillen materials will be accepted
by the Board at its hearing unless, at the Board's discretion. acceptance is
necessary to decide the issue. Written comments submitted shall be
considered and entered into the record of the meeting in accordance with
subsection C. I. d)(4) below.
d) Public Hearings before the Board or the CCPC:
(I) General. It is the expectation that the hearing will be infonnal. All
members of the public who address the Board or the cepe shall utilize
the speaker's podium to allow their comments 10 be recorded. Each
speaker shall stale his or her name and address for the record.
Additionally, speakers shall indicilte whether they arc speaking on behalf
of themselves or others.
(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 of the
following status will prepare their discussions ilnd comments to
be comr1eted within the prescribed time limits:
I. Staff shall be responsible lor presenting the case on
behalf of Collier County and shall limit their
presenlations to twenty (20) minutes.
2. The applicant shall present his or her entire case in twenty
(20) minutes.
J. Expert witnesses shall be limited to ten (10) minutes
cach.
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
orgilnization or group waive their time.
5. All other persons may speak for a maximum of five (5)
minutes each.
(I. No speaker may give his or her time to any other speaker.
At the discretion of the Chairman. the time allowed for
any speaker may be extended.
(b) Registration of Spcakers. Persons who desire to speak on an item
5:114111. 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 Doard to be associated
together or otherwise represent a common point of View, as
3
SA 11
proponents or opponents on any item may be requested to select a
spokespcrson.
(2) Order and Subicct of Armearance: To the extent possible, the following
shnll 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.
(h) Bworn Testimony. The applicant, staff, and all witnesses
requesting to speak shall he collectively sworn.
(c) AlZreement 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 the audience wishes to
speak for or against the quasi-judicial agenda item, the Board may
vote on the item based upon staffs presentation and the materials
in the agenda o:3ck-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 presentation, 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)
shnll be nllowed [0 make a presentation 10 the Board based on the
time limitation guidelines outlined in the preceding subsection Cd)
(I) (a), above. During and after the applicants' presentation. the
Bonrd shall have an opportunity to comment or ask questions of
or seck 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. ^fter Board and staff inquiry of the applicant, speakers
shall he allowcd to speak based on the time limitation guidelines
outlined in the preceding suhsection Cd) (I) (a), above. During and
after a speaker's presentation, the Board shall have an opportunity
to commc:nt or ask questions of or seek clarilication from such
speaker. The Board may also allow staff to comment, ask
questions of or seek clarification from speakers.
(g) Slafr Resl'lom;e and SummarY. The staff shall he allowed an
opportlJllity for response to the presentations by the applicant,
propunents and opponents and a summary with any changes in
position alil'r considcration of relevant public comment. Proponents
4
8AII
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) Armlicant's Rebuttal Presentation.
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 he limited to five
(5) minutes unless otherwise set by the Board. Rebuttal
shall only address previous comments.
2. 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 Inquiry. After all presentations have been made
as outlined above, the Board shall have a final opportunity to
comment or ask questions. 111e Board may allow staff to respond
to comments previously made at this time.
U> Limit on 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 Chainnan 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 infonnation is being presented. No
additional public comments shall be allowed, except in specific
response to questions by members of the Board.
(3) M iseellaneolls Items:
(a) Continuinu Record ISpeakers Oualifications. The Clerk to the
Board ("Clerk") shall maintain a tile with the most recent copies
of resumes previously filed \vith the Clerk by county staff
presenters. All other persons testifying on issues requiring
educational. occupational and other experience who wish to be
qualified as cxperts shall submit their qualifications in \\Titten
form for thc Board's approval to speak as expert witnesses.
(b) Organizational or Group Spcakers. Prior to presenting hislher
case. any person representing an organization or other persons
shall indicnte, in writing, the organization or group he/she
represcnts and how he/she received authorization to speak on
behnlf of such organization or group of persons. The Board may
make further inquiry into the represented authority of such person
if necessary.
~
8A!
(e) Restrictions on Testimonv 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 mattcr then before the Board for
consideration. At any Board procceding, the Chainnan. unless
overruled by majority of the Board mcmbcrs prescnt. may restrict
or tcmlinate pn:sentations which in the chairman's judgment are
frivolous. unduly repetitive or Ollt 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 prcscntations at any
time with regard to mallers under consideration.
(c) Continucd Public Ilearinl.!s. In any maller \vherc it is known that a
scheduled public hearing will bc continucd to a future date
certain, the staff report may be abbreviated and public comment
may be limited to those persons \vho state that they believe they
cnn not be available to speak on the dale to which the public
henring 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. This waiver shall not
preclude Stich persons from making different presentations based
on new infonmllinn or from offering response to other persons'
prcsenti:ltion, i r otherwise allowable, at any subsequent meeting.
(4) The Record
(a) Automatically Included in the Record: The following documents
shall 4lutomatically he inclLldcd in the record of the hearing oeforc
the Bonrd:
( I ) The record from any preliminnry henring. the agenda
packet. Ihe staff report. and the trnnscript of the hearing
he fore the Board:
(2) Written comments and documents previously entered into
the record at a prior Board meeting on the pi:lrticular
mailer.
(h) Items Which Shali Oe Placed in the Record: Any additional
documents. exhibits, diagrams. petitions, letters or other materials
presented ill 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 recci\'cd by the Board's Clerk or the npplicable Collier
('ounty departl11cnt seven (7) days prior to the date of the hearing.
(,
BA!
(c) Additional Evidence. Except pursuant to subsection C) (3) abo\'e.
Written Presentation, any additional written or documentary
evidence filed within seven (7) days of the date of the hearing
shal1 not become part of the record.
(d) Custodian. '111e Clerk shall he the offici'll custodian of the record.
(e) Exhiblls. 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.
II. Other Puhlic lIearin~s: The following rules apply to advertised public hearings
other than those which are quasi-judicial in nature, including those advertised
public hearings which arc legislative in nature.
a) Pre-J learin~ Submittols:
(I) Armlication. 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/Af.!cncy Recommendation. To the extent that the applicable
procedure requires a st:lff review and written recommendotion to be
presented to the Board. thot written recommendation shall be completed
and available for public inspcclion 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, in support of or in opposition to the issue which is the subject of
the advertised public hearing, any \witten arguments, evidence.
explanations, studies. reports, petitions or other documentation to staff for
intcndl'd c()nsidcration hy the Board. All written submissions, not
including pictorial ulsplays (maps. graphs and the like) must be on 8- 1/2 x
II-inch paper.
b) Publ ic I [carinI!:
(I) Generul. 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 themsc\vcs by name and local addresses, if applicable. Further.
any speaker speaking on behal f of an organizaiion or group of individuals
(exceeding live) shall indicntc such and shall cite the source of such
authority whether by request, petition. \Iote, or otherwise.
(n) Time Limitation Guidelines. It is expected that presentations \vill
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
7
~ ;.11
following status will prepare their discussions and comments to
be completed within the prescribed time limits:
I. 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 items (other than those
which arc quasi-jlJdicial in nature), where there is an
applicant other than the lJoard 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.
4. All other persons may speak for a maximum of five (5)
minut<:s each.
5. No speaker may give his or her time to any other speaker.
At the discretion of the Chairman. the time allowcd for
any speaker may be cxtended
(b) Sneaker Re~istration. Persons. other than starr and the applicant
(where applicabk), wishing to speak on an advertised public
hearing item shall, prior to the item being heard, register with the
County Adminislrator 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 selcct a spokesperson.
(2) Miscellaneous Items:
(a) ()rl!~mizatl(1nal or Cirolln Sneakers. Prior to mJking hislher
comments. any person n:rresenllng an organization or other
rersons shall indicate who 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.
(h) Restrictions on Comments Deemed Not Gennane to the Item.
NOI\vithstanding any provisions herein. any Board member may
internlpt and/or stop any presentation lilat discusses matters that
need not bc considered in deciding the mailer then before the
Board for considcr:ltion. At :lny Board proceeding. the ChJinnan.
unless overmkd hy majority of the Board members present, may
1<
....SAl
restrict or terminate presentations which in the chainnan's
judgment Clre frivolous, unduly repetitive or out of order.
(e) Puhlic 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 J learings. 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 limiled 10 those persons who stale that they believe they
cannot bc Clvailable to speak on the dale 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 ^Qend~ 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.
I. 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 fonn provided by the County prior to the item being
called by the Chairm;m 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.
f)