HomeMy WebLinkAboutR-88-32RESOLUTION NO. R-88-32
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ESTABLISHING RULES OF PROCEDURES FOR THE CONDUCT OF
PUBLIC HEARINGS BEFORE THE CITY COUNCIL; PROVIDING AN
EFFECTIVE DATE.
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION !
ORDER O~ BUSINESS. The Order of Business for the conduct of
Public Hearings before the City Council shall generally be as
follows:
First: The Chairperson shall announce the opening of the
respective Public Hearing.
$~cond: The City Attorney shall read the Ordinance or
Resolution under consideration by title unless law requires that
more than the title be read aloud.
~: The Chairman, if appropriate, shall announce the
ground rules that will apply to the hearing under consideration.
Fourth: The City Staff will make a presentation, comments,
and preliminary recommendations, if any.
Fifth: The applicant will make its presentation.
Sixth: Public Input:
A. Individuals in favor of approval of the matter.
B. Individuals ~ approval of the matter.
C. Individuals providing iD~ ~ on the matter.
Seventh: Applicant's closing argument and summation.
Eighth: Staff's final comments and recommendation, if any.
Ninth: The Chairman closes the public hearing unless a
continuance of the hearing is granted by vote of at least three
Councilmen.
SE~TIQN II
Continuance of ~ ~: The City Council may continue
a public hearing unless a continuance would violate the City
Charter, City Code, State or Federal Law.
A. A public hearing may be continued to a time certain
and the date the public hearing will re-open shall be stated on
the record.
B. The City Council may defer action on the matter and
continue the public hearing for written comment only for a period
not to exceed ten days.
~ III
A. DEFERRING ~ ~E~ISIQN ON THE MERITS. For good cause
stated on the record, the City Council, by a vote of three
members, may defer a decision on the merits on any matter pending
as the result of a public hearing. The reason(s) for such a
deferral shall be stated on the record. Such continuances shall
not be for an unreasonable time.
SECTION IV
A. SUSPENSION OF THE RULES. In rare cases for good
cause shown, these rules may be suspended for a particular public
hearing by a vote of at least four Councilmen present at the time
of the decision to suspend. The reasons for any such suspension
shall be on the record.
B. FAILURE TO FOLLOW THESE RULES. If the City Council
by mistake or inadvertance fails to strictly abide by these
rules, such unintentional failure shall not necessarily
invalidate any action taken by the City Council or any member of
the City's Staff, but such action shall be judged by the
principles of administrative law and of due process of law.
Public Hearings are quasi-judicial and are usually,
legislative in nature.
This Resolution shall become effective on April
14, 1988.
Introduced by~
, a member of
City Council, upon recommendation of the City Manager.
BY:
Richard Votapka, Mayor
Kathr~ M. O'Halloran
City Clerk
2
I HEREBY CERTIFY THAT THIS RESO~UT.ON~ was duly passed by
the City Council on the /~~a day of ~ ,1988.
Kath~y~'~ o'Halloran, CMC/AAE
City Clerk
Approved as to Form and Legal
Sufficiency:
City Attorney
3