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HomeMy WebLinkAboutO-24-08 Board Meeting ProceduresORDINANCE NO.O-24-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-22- 15; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES, RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABH3TY; 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 citizen advisory board meeting times and dates and provide for conduct of City citizen advisory board 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-22-15. The Code of Ordinances, City of Sebastian, Florida is hereby amended as follows: Chapter 2 — ADMINISTRATION Article VI — Boards, Commissions, Committees, Division 1— Generally Section 2.168 — Citizen Board Meeting Procedures. (a) BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall begin no later than 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 members present. All unfinished business at adjournment shall be carried to the next meeting. (b) ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees 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. (c) THE CHAIR The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. All matters eo through the Chair. Members of the Board or Committee 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 the Board or Committee may appeal the decision of the Chair to the Board and the result shall be determined by majority vote. (d) BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS. There shall be three (3) types of City of Sebastian Boards: A. Category 1: These are Judicial or financial in nature and are there to advise or recommend to City Council or staff on a specific item brought before it per the Code. 1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall under Category 1. 2. The amended Agenda will reflect that these boards have no Public Input, Commission Matters or Next Agenda. However, the public can bring up issues to a commissioner to be placed on the next agenda by consensus. B. Category 2: These are fact fmding and public representation to advise City Council. These boards do not implement policies. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and Veteran's Boards fall under Category 2. 2. The amended Agenda will reflect Public Input; but, no Commission Matters or Next Agenda. C. Cateeory 3: These are Ad hoc or temporary committees created on an "as need" basis by City Council and their function and authority is defined at the time of its creation. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3. 2. The amended Agenda as needed when created by City Council. (e) ORDER FOR PUBLIC HEARINGS. Order for NON QUASI-JUDICIAL public hearings before City boards and committees: A. Order of Business: *Chair announces opening of the hearing. *City Attorney reads the title. *Chair announces rules that apply to the hearing. *Applicant presentation. *Staffpresentation, comments and preliminary recommendation. *Public Input. *Stafffinal summary and recommendation. *Chair closes hearing. *Board deliberation and action. B. Continuance of Public Hearine. The Board or Committee 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. The Board or Committee may defer action on a matter and continue the public hearing for receipt of written comments on the matter. (f) PROCEDURES FOR PUBLIC INPUT. A. Procedures for Public Input. 2 1. Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) are allowed five minutes to speak on that item, however, the Board or Committee may extend or terminate an individual's time by majority vote of members present. 2. Innut Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Chair and any member of the Board or Committee 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 2 above. C. Public Innut. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee 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 the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may decide by consensus to place a requested item on a future agenda. (g) 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 Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee 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 a majority of the members present. B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Section, such failure shall not invalidate action taken by the Board or Committee. SECTION 2. 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 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or Ordinances in conflict herewith are hereby repealed. SECTION 4. 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 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption. The foregoing Ordinance was passed for adoption by Council Member Jones , was seconded by Council Member McPartlan , 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 SEBASTIAN, FLORIDA By: Ed Dodd, Mayor tATTEST: / p� J ette Williams, MMC C1 Clerk Approved as to form and content for reliance by the City of Sebastian only: gA ockcr�, B.C.S. mey 4 SEBASTIAN (INIIM A UgBPl N 1114 lOtl CITY COUNCIL AGENDA TRANSMITTAL Meedne Date: April 10, 2024 Agenda Item Tide: Second Reading and Public Hearing of Ordinance 0-24-08 Relating to Codification of Procedural Matters relating to Citizen Advisory Boards Recommendation: The City Attorney recommends City Council hold second reading and public hearing on the adoption of Ordinance 0-24-08. 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 0-24-08 further codifies matters relating to citizen boards, not including quasi- judicial proceedings. These matters were previously adopted in Resolution 22-15 but not repealed this year by Resolution 24-02. Approval of Ordinance 0-24-08 is recommended to codify these matters. 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 22-15 2) Proposed Ordinance 0-24-08 Administrative Services Department Review: City Attorney Review Procurement Division view, if applicable: City Manager Authorization: / ( ' Date: //) AWL i