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Agenda 05/13/2013 Item #16F45/14/2013 16.F.4. EXECUTIVE SUMMARY Recommendation to determine that the latest public petition submitted by Randall Cohen is a repetitive Public Petition, per County Resolution 2010 -87. OBJECTIVE: For the Board of County Commissioners to determine whether the latest Public Petition request submitted by Mr. Randall Cohen is a repetitive Pubic Petition and should not be scheduled, per County Resolution 2010 -87. CONSIDERATIONS: Collier County Resolution 2010 -87, titled "Resolution of the Board of County Commissioners of Collier County, Florida, Limiting Repetitive Public Petitions and Comments ", expresses the Board's desire to "to conduct orderly and efficient meetings in order to best utilize staff and other resources. " Resolution 2010 -87 also directs, `prior to scheduling a Pubic Petition, the County Manager or designee shall determine if the commenter has made the same for 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 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. " On April 23, 2013, Mr. Cohen submitted a Request to Petition the Board of County Commissioners at the May 14, 2013 meeting. Upon review of Mr. Cohen's latest public petition, it appears that he has already made the same or similar request to the Board within the past six months, on April 9, 2013. Mr. Cohen's latest public petition appears to be repetitive, per Resolution 2010 -87. 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. LEGAL CONSIDERATIONS: As set forth in the attached sequence of e- mails, Mr. Cohen was given the opportunity to demonstrate that his new public petition was not repetitious. He was specifically asked to provide the documents that he claimed demonstrated he intended to discuss new business. Mr. Cohen declined to do so. Ordinance No. 2011 -17 amended the Board's meeting ordinance by requiring the following: "Prior to the publishing of the agenda, matters placed on the agenda should include as much supporting documents, information, and materials as is needed to aid the Board in its preparation and deliberation of the agenda item. Documents, information and materials will not be accepted by the Board following publication of the agenda. Should additional documents, information and materials be presented to the Board following publication, the Packet Page -3773- 5/14/2013 16. F.4. Board may, by a majority vote of those present, elect to either continue the agenda item to a future Board meeting, or waive this requirement and hear the matter if it determines that the agenda item is of significant public importance and should not be postponed. " The Ordinance makes no exception for Public Petitions Given the manner in which he previously conducted himself before the Board, I do not believe that Mr. Cohen deserves the benefit of any doubt. With that noted, this item is legally sufficient, and requires a majority vote for Board action. -JAK RECOMMENDATION: That the Board of County Commissioners determines that the latest Public Petition request submitted by Mr. Randall Cohen is a repetitive Pubic Petition and should not be scheduled, per County Resolution 2010 -87. PREPARED BY: Mike Sheffield Packet Page -3774- 5/14/2013 16.F.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.4. Item Summary: Recommendation to determine that the latest public petition submitted by Randall Cohen is a repetitive Public Petition, per County Resolution 2010 -87. Meeting Date: 5/14/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 5/8/2013 11:19:49 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 5/8/2013 11:19:50 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 5/8/2013 2:03:48 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/8/2013 3:03:34 PM Packet Page -3775- 5/14/2013 16. F.4. From: KlatzkowJeff Sent: Wednesday, May 01, 2013 2:02 PM To: Ircfsulaw @aol.com' Cc: Sheffield Michael Subject: FW: Mr. Cohen- Regarding your latest public petition Randy: Please provide me with a copy of the background material highlighted below. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: SheffieldMichael Sent: Tuesday, April 30, 2013 12:58 PM To: KlatzkowJeff Subject: FW: Mr. Cohen- Regarding your latest public petition FYI From: rcfsulawCubaoi.com mailto:rcfsulaw(cP)aol com) Sent: Tuesday, April 30, 2013 12:42 PM To: SheffieldMichael; _B_EBatten(abnaolesnews com; CoyleFred; NanceTim; FlaiaDonna; HillerGeorgia; HenningTom Subject: Re: Mr. Cohen- Regarding your latest public petition Dear Mr. Sheffield: The items I will be addressing at the BCC meeting on May 14, 2013 have not been addressed before the BCC previously. Therefore your response is completely unfounded and inapplicable. The presentation will be completely new and delve into other specific areas previously not addressed. Completely new items will be presented into the record at the May 14, 2013 meeting and that background material can either be attached to a public petition or provided at the BCC meeting. I am choosing the latter of the two options. The County Manager's unilateral denial of my public petition does bring into the forefront many questions. What has happened to the BCC stating they want truth and transparency in Collier County Government? Why is the County Manager's Office attempting to block this presentation? Does the County Manager's Office have something to hide? Does the County Manager's Office want to withhold information from the BCC and all constituents that elect those commissioners? The BCC Chairman sets the agenda so has Chairman Hiller stated she does not want this item on the agenda as it is her prerogative to put this item on the agenda as requested. I am formally requesting that this public petition and e-mail be sent to her for her response and if she denies the placement of this item on the agenda that she put the denial in writing. It would appear that the County Manager's Office is attempting to block my rights as a Collier County citizen to speak before the BCC without even knowing what my public petition will encompass. The assertion that the presentation is repetitive is a complete falsehood and the County Manager's Office is being used to usurp not only my first amendment rights under the US Constitution but also misapplying the attached resolution in an attempt to interfere with subject matter that the County Manager's Office does not want the BCC and all of Collier County to hear and see for the first time. The pivotal question httpa/bececm02 /sire /cache /615 /5op4v2rOk Packet Page -3776 77 *6 - ' 3700005072013120129110.h... 5/7/2013 5/14/2013 165.4. is why? Does the County Manager's Office have a vested interest in interfering with the public petition process? What I would propose is schedule the public petition. If any repetition occurs the BCC can terminate the public petition. If any prior document is introduced into the record the BCC can terminate my presentation. I believe this is in the spirit of the attached resolution and if I am asked to cease my presentation based on repetitive introduction of documents and comment thereof I will cease immediately. I believe that this response addresses the concern set forth in the attached resolution. If the County Manager's Office is a blockade to the due process as well as the truth and transparency in County Government as exposed by the entirety of the BCC and the County Manager then we will know immediately if my public petition request is not honored. This is a simple process and I have afforded the County Manager's Office with assurances that the public petition will not be repetitive and the ability to shut me down if I cross into any other items previously introduced into the record. What more can you ask for as you have a decorum ordinance and a sheriffs deputy at the meeting to escort me out if I violate the decorum provisions or the resolution? Very truly yours, Randall J. Cohen -- - -- Original Message---- - From: SheffieldMichael <Michael Sheffield !ci collier ov.net> To: rcfsulaw <refsulaw d,,ao1.com> Sent: Tue, Apr 30, 2013 11:50 am Subject: Mr. Cohen- Regarding your latest public petition Mr. Cohen, I have reviewed your Request to Speak under Public Petition at the May 14th Board of County Commissioners meeting. Attached you will find Collier County Resolution 2010 -87, titled Resolution of the Board of County Commissioners of Collier County Florida Limiting Repetitive Public Petitions and Comments. Upon review of your latest public petition, it appears that you have already made the same or similar request to the Board by public petition on April 9, 2013. Your latest public petition appears to be repetitive per Resolution 2010 -87. Per Resolution 2010 -87, at the May 14 Board meeting, I will seek direction from the Board. At that time, the Board, by majority vote, shall determine whether your latest petition is a repetitive public petition. I will inform you of the Boards determination. http: //bcceem02 /sire /cache /615 /5op4v2rOk Packet Page -3777- 3700005072013120129110.h... 5/7/2013 D-1 _r'] 5/14/2013 16YA Respectfully, Mike Sheffield Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. hffp://bccecm02/sire/cache/615/5op4v2rol' A I - - 41— 1 eIr 11% A .3700005072013120129110.h... 5/7/2013 Packet Page -3778- Please print Name: Address: Reauest to Speak under Public Petition A,,-% J4 ! �©( 4 4---, d C--; i Li JO 5/14/2013 16.F.4. Phone: 2-32'- 4 -7 3 Date of the Board Meeting you wish to speak: IMA, 2-d 3 Must circle yes or no: Is this subject matter under litigation at this time? Yeslo� Is this subject matter an ongoing Code Enforcement case? Y No Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after It is presented. Please explain in detail the reason you are reauesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): H- MATATORMS1PdAic Petition Request Forth - 2013.doc Packet Page -3779- RESOLUTION NO. 2010-87 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.repeative public petitions and comments will continue to encourage public participation at meetings while also maintaining order and efficiency; and 8496. 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. 1. Prior to scheduling a Public Petition, the County Manager or designee shall determine 'f the commenter has made the same or similar request by public Public Comments on General Topics to. the Board in the petition or during the Public Petition D. If believed to be repetitive, the next available Board meetinng, the County Manager � e' " ty anager 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 determined by the Board Chairman. that the commenter has made the same or sorsimilar 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 majority.of the Board, immediately conclude. discussions and advise the Petitioner of same. Packet Page -3780- 5/14/2013 16.F.4. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the -° day of "a9'�� , 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROEK, Clerk COLLIER COUNTY, FLORIDA By: Bra aQ� W C, Attest as Wow "C)tp Icr� FRED W. COYLE, CxAIIti Approved as to form and 2 Packet Page -3781-