BRADENTON BEACH – The Planning and Zoning Board unexpectedly reversed its decision to close the public comment session at its second public hearing on a 106-room hotel/restaurant/retail project on Bridge Street.
An announcement was made at the first hearing on Nov. 1 that when public comment was closed at the end of that meeting, it would remain closed at the Nov. 13 hearing, a continuation of that meeting.
Robert Lincoln, Sarasota-based special counsel to the Planning and Zoning Board, began the Nov. 13 hearing with the announcement that public comment remained closed.
“The public input, citizen portion of the hearing is closed. And there will not be further public participation or input related to the rebuttal or the other information that’s going forward. There will be an opportunity to address the board’s recommendations when the matter goes before the city commission.”
But board member John Burns asked Lincoln, “Should the board and the chair wish to have public comment reopened or is it not allowed by statute, rule or case law?”
“You have the option by a vote of the board to amend your procedures to accept additional public comment,” Lincoln said. “I would suggest that if you do so, you create an issue; following the public comment would have to have another round of rebuttal from the staff and the applicant to address the citizens’ comments.”
Lincoln added that under the board’s established procedures, additional public comment would not be heard.
“If it’s the will of the board it can be reopened?” Burns asked. “You’re referring to our established procedural rules. It would be up to us to reopen it if we wish and then follow your recommendations if we do allow public comment one more time based on the additional information we haven’t seen yet, we could do that, we would offer the applicant time for rebuttal.”
Public comment was reopened shortly over an hour after the beginning of the 6.5-hour hearing.
Nine people spoke opposing the project.
