HomeMy WebLinkAboutO-24-07 City Council Meeting ProceduresORDINANCE NO.O-24-07
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF
MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-24-
02; REPEALING RESOLUTION R-24-02; PROVIDING FOR REPEAL
OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS
THEREOF IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABH.ITY; PROVIDING
FOR SCRIVENERS ERRORS AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting
times and dates and provide for conduct of City Council meetings; and
WHEREAS, the City Council has previously resolved to adopt and amend procedures for the
meetings of its Council as well as other City citizen advisory boards; and
WHEREAS, the City Council finds that it is in the best interest of the citizenry to codify these
matters so as to provide its citizens open and public notice of these matters by providing for codification
thereof into the City's Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CODIFICATION OF MATTERS IN R-24-02. The Code of Ordinances, City
of Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article II —CITY COUNCIL
Section 2.33. — Additional Meeting Procedures Adopted.
(a) ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition
of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings
and workshops. Failure to follow said rules shall not affect the validity of any action taken.
(b) CITY COUNCIL MEETING DATE AND TIME.
(1) Regular Meetings. Regular Meetings shall be held on the second and fourth Wednesday of
each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30
additional minutes by a majority vote of City Council members present. All unfinished
business at adjournment shall be carried to the next Regular City Council meeting unless
placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a
Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00
p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the
conclusion of the Community Redevelopment Agency or Board of Adjustment meeting.
(2) Special Meetings. Special meetings may be called in accordance with the Charter and shall
begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m.
(3) Quasi-judicial Hearings. Quasi-judicial hearings, when anticipated to be lengthy, may be
conducted at special meetings called in accordance with the Charter for such purpose on the first
and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion
of the City Manager. Testimony at quasi-judicial hearings shall be under oath as provided herein
and subject to all applicable hearing procedures as outlined by law or the City's Code of
Ordinances.
(4) Workshops. Workshops, when necessary, may be held prior to Regular Meetings or on the
first and third Wednesdays of the month no earlier than 9:00 a.m. and shall adjourn no later than
10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next
scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City
Council meeting agenda for formal action. Substantive decisions shall not be made at workshops.
(5) Commercial Media Technology (CMT). City Council deems it to be in the best interest of
the citizens and residents of the City of Sebastian, to make provision for public meetings by use
of such commercial media technology (CMT) by elected, appointed officials when necessary due
to exigent circumstances. City officials can fully participate and take official action during a
public meeting by the use of CMT due to exigent circumstances, so long as an in person quonum
is met or due to a declared state of emergency. The same finding applies to City Board and
Committee meetings and quasi-judicial hearings. During quasi-judicial hearings, public input via
electronic or other commercial media technology shall not be permitted.
(6) Quorum. The City Council finds that its attendance requirement for purpose of
establishing a quorum can be satisfied by physically being present or in times of a declared state
of emergency or exigent circumstances -by CMT attendance. The same finding applies to City
Board and Committee meetings and quasi-judicial hearings.
(c) THE CHAIR. The Chair may make a motion, second a motion or participate in discussion
without relinquishing the chair. Members of Council have the exclusive right to raise questions of
procedure or points of order to the Chair and have the Chair rule on the procedure or point of
order. Any member of Council may appeal the decision of the Chair to the entire Council, and the
result shall be determined by majority vote.
(d) AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed
to set agendas for all City Council meetings. Documentation for items on agendas must be
submitted to the City Clerk no later than noon on the Thursday preceding the respective meeting
to expedite the preparation of agenda packets.
(e) AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may
modify the agenda to add an additional agenda item. In such event, an individual who wishes to
address City Council with respect to the new agenda item shall be afforded a reasonable
opportunity to address City Council on such new agenda item.
(i) AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general
format and guidelines for Regular City Council meeting agendas shall be in the form below
herein. However, Council may change the order of agenda headings by majority vote.
(g) ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY
COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as
follows:
A. Order of Business:
Chair shall announce the opening of the public hearing.
2. Where applicable, City Attorney shall read the Resolution or Ordinance by title
unless applicable law requires more than the title be read.
3. Chair, if appropriate, shall announce the rules that apply to the hearing.
4. Applicant presentation, if appropriate.
5. City staff shall make a presentation, comments and preliminary recommendation, if
any.
6. Public input.
7. City staff final comments and recommendation, if any.
8. Chair closes hearing.
9. Council Deliberation and Action
B. Continuance of Public Hearing. City Council may continue a public hearing unless a
continuance would violate applicable law. A public hearing may be continued to a time certain
stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City
Council may defer action on a matter and continue the public hearing for receipt of written
comments on the matter.
C. Deferring Decision on Merits. City Council may defer action on the merits of any matter.
(h) PROCEDURES FOR PUBLIC INPUT.
A. Where Permitted on Council Meeting Agendas.
I. Regular Meetings. Public input is allowed under Consent Agenda (for an item
that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New
Business, and Public Input. Public input is not allowed under the headings of
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards); Committee Reports and Appointments (except for committee
members giving reports and applicants being interviewed for committee appointments);
and City Council or Charter Officer Matters. Council may, by majority vote, call upon an
individual to provide input if desired.
2. Workshops and Special Meetings. At workshops and special meetings, public
input is limited to the item on the agenda.
B. Procedures for All Public Input.
I. Time Limit. Individuals who wish to address the City Council on any agenda
items where public input is permitted on agendas are allowed five minutes to speak on
that item; however, City Council may extend or terminate an individual's time by
majority vote of Council members present.
2. Input Directed to Chair. Speakers shall address the City Council immediately
prior to City Council deliberation of the agenda item and all input shall be directed to the
Chair, unless answering a question of a member of City Council or City staff. Individuals
shall not address City Council after commencement of City Council deliberation on an
agenda item after public input has concluded, provided, however, the Mayor and
members of City Council may call upon an individual to provide additional input if
desired.
3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks,
political campaigning and applauding are not permitted and may result in sanctions
imposed by the Chair including expulsion from the meeting. Decisions by the Chair may
be appealed in accordance with Section 3 above.
C. Public Innut. The heading on Regular Meeting agendas "Public Input" provides an
opportunity for individuals to bring new information or requests to City Council not otherwise on
the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of material for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
(i) TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare
verbatim transcripts of all or any portion of City Council meetings unless City Council, by
majority vote, directs such transcripts.
(j) RULES AS GUIDELINES. It is intended that the rules set forth in this Section provide a
guideline for the effective operation of the business meetings of City Council, and no rights are
bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in
accordance with them.
A. Suspension of Rules. Any provisions of this Section, in whole or part, may be suspended
by the affirmative vote of at least three Council members.
B. Failure to Follow Rules. If City Council fails to abide by any provision of this Section,
such failure shall not invalidate action taken by City Council or staff.
(k) SWEARING OF WITNESSES. Anv person presenting factual information to the Citv Council
or Board during a quasi-iudicial hearing shall be sworn, unless otherwise allowed by law such an
attomev. This may be done by execution of a Sneaker Oath Card. All testimonv shall be under a
sworn oath to tell the truth. The oath shall be contained on a sneaker's card or other form as
designated by the Citv Clerk. All persons wishing to sneak on a quasi-judicial matter shall
submit a sneaker's card at or before the time of presenting testimonv to the clerk on dutv.
SECTION 2. REPEAL. This Ordinance repeals Resolution R-24-02 in its entirety.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a
part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be
renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or
other such appropriate word or phrase in order to accomplish such intentions.
SECTION 4. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or
Ordinances in conflict herewith are hereby repealed, including R-24-02.
SECTION 5. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full
force and effect.
SECTION 6. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption.
The foregoing Ordinance was passed for adoption by Council Member Nunn , was
seconded by Council Member Dixon , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd
aye
Vice Mayor Kelly Dixon
aye
Council Member Fred Jones
aye
Council Member Bob McPartlan
aye
Council Member Christopher Nunn
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 10th day of April
2024.
CITY OF SEBASTLAN, FLORIDA
By:
Ed Dodd, Mayor
ATTEST: . IA
*tt,e Williams, MMC
erk
Approved as to form and content for
reliance by the City of Sebastian only:
er Cockcroft, Esq., B.C.S.
Attorney
5
SEBASTIAN
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CITY COUNCIL AGENDA TRANSMITTAL
Meeting Date: April 10, 2024
Agenda Item Title: Second Reading and Public Hearing of Ordinance 0-24-07 Relating to
Codification of Procedural Matters relating to Council and Citizen
Advisory Boards.
Recommendation: The City Attorney recommends City Council hold second reading and
public hearing on the adoption of Ordinance 0-24-07.
Background: At the City Council workshop meeting on January 24, 2024, the City
Council held a discussion on procedural matters relating to the City Council and citizen advisory boards.
Topics of discussion included bringing back an Ordinance for consideration to codify procedural matters
as well as making certain proposed changes as suggested and approved at the workshop. The City
Attorney was given direction on the possible changes and on bringing forward an Ordinance to codify the
procedures on City Council and citizen advisory board meetings.
Proposed Ordinance 0-24-07 repeals and codifies Resolution R-24-02, and makes the following changes:
(1) Speaker oath cards.
(2) Changes to Resolution R 24-02 as approved on January 10, 2024 prior to codification.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs $331; translation fee minimum fee, $75 or 0.18 cents per word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Resolution No. R 24-02
2) Proposed Ordinance 0-24-07
Administrative Services Department Review: —
City Attorney Reviey� (`'- +- _
Procurement Division R view, if applicable: Afllf
City Manager Authorization: /
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Date: J