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HomeMy WebLinkAboutR-95-39RESOLUTION NO. R-gS- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVER~BILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian has adopted procedures for conducting quasi-judicial hearings; and WHEREAS, the Legislature of the State of Florida has enacted Section 286.0115, Florida Statutes, authorizing changes in procedures for quasi-judicial hearings; and WHEREAS, the City Council finds it is in the public interest to amend its uniform procedures for such hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. QUASI-JUDICIAL HEARINGS. The City Council and the Board of Adjustment shall conduct their quasi-judicial hearings in accordance with the procedures set out in this Resolution on matters as follows: (a) The rezoning of property which is single parcel or a limited number owners. (b) Subdivision plat approvals. (c) Site plans. (d) Variances. (e) Special use permits. (f) Conditional use permits. limited to a of property (g) Building permits. (h) Any other land use decisions which require quasi- judicial hearings. SECTION Z. All quasi-judicial proceedings shall follow the order of presentation as follows: 1. ODenin~ the HearinG. The Mayor or presiding City Council member shall open the hearing and may outline the rules of procedure for the public at the beginning of the hearing. The city Clerk will administer an oath to all witnesses who propose to testify before the City Council. 2. Disclosure by Council of Ex-Parte Communications. After the hearing is opened, the members of the Council shall make a part of the record any ex-parte discussions, communications, investigations, site visits or expert opinions, as required by Section 7 hereof. 3. Initial Presentation. City staff shall make the initial presentation to the City Council regarding any item under consideration. At the completion of the staff presentation of any witness, affected parties may ask questions of, or seek clarification from the staff through the Mayor at this time. 4. A~pplicant's Presentation. After the staff presentation, the applicant may make a presentation to the City Council. The applicant shall have the right to make an uninterrupted fifteen (15) minute presentation. 5. Inquiry of ADDlicant. After the applicant's presentation by any witness the City Council shall have an opportunity to 2 comment and ask questions of, or seek clarification from the applicant's witness. City Council may allow staff to comment, ask questions of, or seek clarification from the applicant's witness at this time. Affected parties may ask questions of or seek clarification from the applicant's witness by request through the Mayor at this time. 6. Proponent's Testimony. After such inquiry, proponents of the item or request shall be allowed to testify. Proponents of the application may make a presentation of up to three (3) minutes, but a person who represents an organization with five (5) or more members or a group of five (5) or more persons may speak for ten (10) minutes. 7. Inquirv of Proponents. After the proponent's presentation of any witness, the City Council shall have an opportunity to comment or ask questions of or seek clarification from the proponent's witness. The City Council may allow the staff to comment, ask questions, or seek clarification from the proponent's witness. Affected parties may ask questions of or seek clarification from the proponent's witness through the Mayor at this time. 8. Opponent's Presentation. After the applicant's presentation, opponents, if any, of any item or request shall be allowed to present evidence. Affected parties who oppose the application shall have the right to make an uninterrupted fifteen (15) minute presentation. Opponents of the application may make a presentation of up to three (3) minutes, unless a person represents an organization with five (5) or more members or a group of five (5) or more persons, such person may speak for ten (10) minutes. 9. I~In.qu_.irv of Opponents. After the opponent's presentation of any witness, the City Council shall have an opportunity to comment or ask questions of or seek clarification from the opponent's witness. The city Council may allow the staff to comment, ask questions, or seek clarification from the opponent's witness. Affected parties may ask questions of or seek clarification from the opponent's witness through the Mayor at this time. 10. Informational Testimony. Any member of the public who wishes to present information or clarification on the matter may be allowed to testify in matters where public comment is allowed. The Mayor will open the public information period. A member of the public may make a presentation of three (3) minutes, but a person who represents an organization with five (5) or more members or a group of five (5) or more persons may speak for ten (10) minutes. After the presentation of any informational witnesses the city Council shall have the opportunity to comment or ask questions of or seek clarification from the informational witnesses. The City Council may allow the staff to comment, ask questions of, or seek clarification from informational witnesses at this time. Affected parties may ask questions of or seek clarification from the public information witnesses by request through the Mayor at this time. 11. Closinq of Public Information Period: After the public information period is closed, no additional public comments shall 4 be allowed except in response to questions by members of the City Council. 12. Staff Response and Summary: After the completion of the informational testimony, the staff shall be allowed the opportunity to respond to the presentation of the applicant, opponents, or the informational witnesses for a period of ten (10) minutes. The affected parties may ask for and be allowed an opportunity to point out any errors of fact in the staff presentation or ask questions of staff witnesses on their presentation. 13. Applicant's Rebuttal.Pr~sentation: The applicant shall be allowed the opportunity to present rebuttal testimony for a period of ten (10) minutes. Any affected party or staff who believes that a rebuttal presentation includes any error of fact may ask for and be allowed an opportunity to point out such error of fact in the applicant's presentation or ask questions of athe applicant's witnesses about its rebuttal presentation. 14. Board and Staff Inquiry: If the staff, applicant and opponents have made presentations as outlined above and the public information portion of the hearing is closed, the City Council shall have the final opportunity to comment and ask questions of any applicant, opponent, or staff member. 15. Extension of Time: Any affected party who will be prejudiced by the time limitation set out in this procedure may request additional time from the city Council. 16. Affected Parties: The applicant and the City staff shall be considered affected parties. An affected landowner who is 5 entitled to notice under any statute or City Ordinance shall be considered an affected party if a request is made to the City Council for such designation. SECTION 3. EVIDENTIARY MATTERS: (a) If a party objects to the introduction of any evidence the Mayor shall rule on the objection to the admissibility of the evidence. If any member of the City Council disagrees with the Mayor's ruling on evidence the member shall so state and the city Council shall affirm or overrule the Mayor's ruling on the admissibility of any evidence. (b) Notwithstanding any other provision herein the Mayor or city Attorney may interrupt any presentation which discusses matters which cannot be considered in deciding the matter before the City Council for consideration. (c) Any affected party shall have the right to cross examine witnesses. Any presentations by counsel or representatives of any affected party which is unsworn shall be considered argument and not testimony. (d) Persons addressing the City Council shall identify any educational, occupational and other experience which they possess which may be relevant to the matter under consideration. SECTION 4. OATHS AND AFFIRMATIONS. Before making factual statements or factual representations at a quasi-judicial hearing, each person shall declare the factual statements or factual representations that the person will present before and to the City 6 Council are truthful and accurate by taking an oath or affirmation in the form substantially similar to that provided in Schedule "A." SECTION 5~. REGISTRATION OF APPLICANTS OR OPPONENTS. Persons who desire to make presentations on an application or item or present information or make a comment on an application or item must register with the city clerk prior to the time in the meeting at which such item is to be heard by City Council. SECTION 6. THE RECORD. The record shall consist of items as follows: (a) Ail City Ordinances, the Comprehensive Plan, its Policies and all land development regulations. (b) The application and supporting documents. (c) Any staff recommendations and all staff communication to City Council members on the pending matter. Any other written communication to the city Council, (d) if relevant. SECTION 7. EX-PARTE COMMUNICATION, SITE VISITS, INVESTIGATIONS, ~ND EXPERT OPINIONS. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any Council member the merits of any item or request. The subject of the communication and the identity of the person, group, or entity with whom the discussion took place shall be disclosed by the Council member and made a part of the record before the applicant's presentation. Any person may communicate in writing with any City Council member regarding any pending item or request. Such written 7 communication shall be made a applicant's presentation. city Council members may part of the record before the conduct investigations and site visits and may receive expert opinions regarding a pending item or request. The existence of the investigation, site visit, or expert opinion shall be made a part of the record before the applicant's presentation. Any such discussion, communication, investigation, site visit, or expert opinion which is made a part of the record shall not be presumed to be prejudicial to the quasi-judicial action. SECTION 8. CONFLICT WITH RESOLUTION. This Resolution shall prevail over all other Resolutions which are in conflict with this Resolution. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 9. EFFECTIVE DATE. immediately upon its adoption. The foregoing Resolution Councilmember ~ ~4-~ ~ This Resolution shall take effect was moved for adoption by . The motion was seconded 8 by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Resolution duly passed and adopted this /~--~'day of ~ , 1995 CITY~ By: Arthur L. Firtion, Mayor ATTEST: ~..~athryn~M. O,}{a~l°ran, CMC/AAE ~'(Seal) Approved as to Form and Content: C~ifton A. McClelland, Jr. City Attorney 9 Do you swear or affirm that the factual statements and factual representations which you are about to give or present before or to this City Council during this public hearing will be truthful and accurate? SCHEDULE "A"