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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)