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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.. 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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. 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