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Home My WebLink AboutR-89-30RESOLUTION NO. R-89-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian deems it necessary to enact certain rules of procedure governing public input at its meetings to provide for the orderly conduct of its business for the public health, safety, and welfare of the City of Sebastian, while preserving the rights of the members of the public under the First Amendment to the United States Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DEFINITIONS. The City Council hereby adopts the following definitions for purposes of this Resolution: A. Chair. Where used in this Resolution, the term "Chair" shall mean the Mayor or in the absence of the Mayor from the City Council meeting, the Vice Mayor or in the absence of both the Mayor and Vice Mayor from the City Council meeting, the senior member of the City Council. B. ~enda Item. Where used in this Resolution, the term "agenda item" shall mean an item contained in the agenda provided to the City Council for the City Council to consider at its meeting. C. Non-Agenda Item. Where used in this Resolution, the term "non-agenda item" shall mean an issue or matter which is not an agenda item. D. City Council Meeting. Where used in this Resolution, the term "City Council meeting" shall mean any workshop, regular or special meeting of the City Council. E. Sign-Up Sheet. Where used in this Resolution, the term "sign-up sheet" shall mean the form made available by the City Clerk to members of the public prior to the City Council meeting for any number of the public to sign indicating that he or she wishes to address the City Council a% the City Council meeting and indicating the agenda item or non-agenda item which %he member of the public wishes to address. F. Public Input Section. Where used in this Resolution, the term "public input section" shall mean the portion of the City Council meeting specified on the agenda during which public input shall be received by the City Council. SECTION 2. GENERAL RULES OF PROCEDURE. The City Council hereby adopts the following general rules of procedure for public input at City Council meetings: A. An individual who wishes to address the City Council at a City Council meeting with respect to an agenda item on the City Council Agenda shall be entitled to specifically elect to address the City Council immediately prior to the deliberation by the City Council in connection with such agenda item if the individual indicates his or her request on the public sign-up sheet prior to the commencement of the City Council meeting. B. Individuals shall not address the City Council after the commencement of City Council deliberations on an agenda item after the public input has been concluded. Provided, however, that this rule of procedure shall not prevent the Mayor and members of City Council from recalling an individual to provide additional information or to answer questions. C. Any individual wishing to address the City Council during the public input section of the City Council meeting shall indicate this by signing the sign-up sheet available to the public in the City Council chambers and the City Clerk's office prior %o the commencement of the City Council meeting. Individuals shall have the opportunity to address the City Council during the public input section of the meeting if they have signed the sign-up sheet prior to the commencement of the City Council meeting with respect to an agenda item on a first come, first heard basis. In addition, individuals shall have the opportunity to address the City Council during public hearings 2 held in accordance with any federal or Florida law, the City Charter, the Code of Ordinances of the C±ty of Sebastian and the Land Development Code of the City of Sebastian. D. Any individual wishing to address the City Council during the public input portion of the City Council meeting with respect to a non-agenda item are encouraged to first meet with members of City staff to resolve the matter. Any individual may address the City Council with respect to a non-agenda item at the City Council meeting during the public input session if they submit a written request to do so to the City Clerk at least six (6) days prior to the scheduled City Council meeting. The written request must be provided to the City Clerk no later than 4:30 p.m. on such date. E. Notwithstanding any other provision contained in this Resolution, no public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. F. The City Council, by a unanimous vote of the members of City Council present at the City Council meeting, may modify the City Council agenda for such meeting to add an additional agenda item and, in such event, an individual who wishes to address the City Council with respect to 'the new agenda item shall be afforded a reasonable opportunity to sign the sign- up sheet for such new agenda item. G. Individuals shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. Individual may also submit written presentation to the City Council by providing thirteen (13) complete copies to the City Clerk. H. The City Clerk shall present the sign-up sheets at the commencement of the City Council meeting to the Chair. Except as provided in paragraphs D and E, public ±nput shall be limited to those individuals who have signed the sign-up sheet prior to the commencement of the City Council meeting. I. All public input shall be addressed to the Chair, unless answering a question of a member of the City Council or 3 City Staff. SECTION 3. CONFLICT. Ail other resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Resolution shalltake effect immediately upon the adjournment of the City Council meeting at which it is adopted. The foregoing Resolution was moved for adoption by Councilman _~~ The motion was seconded by Councilman 0~~ and, upon being put to a vote, the vote was as follows: Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Frank Oberbeck Councilman Lloyd Rondeau Councilman Robert L. McCollum The Mayor thereupon declared this Resolution ~uly passed and adopted this ~day of ~~ , 1989. Richard B. Votapka, Mayor ATTEST: Kathr~h M. O'Halloran, CMC/AAE City. Clerk Appr/~v~d as_~to Form and Content: .... Ch~a~les Ian Naoh, City Attorney