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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 I 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. 1 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. 'I , j ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNTY, FLORIDA . '1 ; ; ; '1 , , , By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and Ie s iency: 2