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HomeMy WebLinkAboutR-93-19RESOLUTION NO, R-93-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-89-30, PERTAINING TO PUBLIC INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS; PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC INPUT ~ INTRODUCTION OF NEW BUSINESS BY THE PUBLIC 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. Aqenda 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. New Business. Where used in this Resolution, the term "new business" shall mean an item introduced by the public and heard under the "Introduction of New Business from the Public" portion of regular meetings. 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 forms 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 at the City Council meeting and indicating the agenda item, public hearing item, and/or new business item which the member of the public wishes to address. F. Introduction of New Business from the Public Section. Where used in this Resolution, the term "Introduction of New Business from the Public Section" shall mean the portion of City Council meetings, specified on the regular meeting agendas only, during which new business shall be received by the City Council. SECTION Z. 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 address the City Council immediately prior to the deliberation of the item by the city Council. 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. Individuals shall have the opportunity to address the City Council 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 held in accordance with any federal or Florida law, the City Charter, the Code of Ordinances of the city of Sebastian and the Land Development Code of the City of Sebastian. D. Any individual wishing to introduce new business to the City Council during the Introduction of New Business from the Public section of Regular City Council meetings shall indicate this by signing the sign-up sheet available to the public in the City Council chambers or the City Clerk's office prior to the commencement of the City Council meeting. Individuals shall have the opportunity to address the City Council during the Introduction of Business from the Public section of regular meetings if they have signed the sign-up sheet 3 prior to the commencement of the regular City Council meeting on a first come, first heard basis. Individuals are encouraged to first meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the Public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. 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. Notwithstanding any other provision contained in this Resolution, Introduction of New Business from the Public shall not be allowed at city Council Workshops. G. 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. H. 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 presentations to the City Council by providing ten (10) complete copies to the City Clerk. I. The City Clerk shall present the sign-up sheets at the commencement of the City Council meeting to the Chair. Public input shall be limited to those individuals who have signed the sign-up sheets prior to the commencement of the City Council meeting. J. All public input shall be addressed to the Chair, unless answering a question of a member of the City Council or city Staff. SECTION $. CONFLICT. All 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 shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember ~ . The motion was seconded by Councilmember . ~~ and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this~~day of ~ , 1993. ~ ........CITy,.._OF---S~B~STI~ ,FLORIDA~ /~rancis'~/0be~¢~, Vi~ Mayor Kathry~~- M. O'Halloran, CMC/~E City ~erk Approved as ~ Form and Content: Charles Ian Nash, City Attorney