2022-R-04 - Advisory Board Meetings /ankIN RESOLUTION NO. 2022-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, APPROVING THE
ADVISORY BOARD MEETINGS — ORDER OF BUSINESS
AND PUBLIC PARTICIPATION POLICY; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council wishes to provide for the efficient and effective conduct of
all meetings; and
WHEREAS, the City Council has determined that the Advisory Board meetings— Order
of Business and Public Participation Policy statement will provide for a consistent application of
the City's objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDGEWATER,FLORIDA, as follows:
/OWN Section 1. The City Council has determined that the policy titled "Advisory Board
Meetings—Order of Business and Public Participation"(attached hereto and incorporated
herein as Exhibit "A") is hereby established and approved for inclusiori ffifb-the
Administrative Policy Manual.
Section 2. Severability. If any section, subsection, sentence, clause, phase or portion of 2
this Resolution is for any reason held invalid or unconstitutional by any. -court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 3. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 5.This resolution shall take effect upon adoption.
2022-R-04 1
After Motion to approve by (`[�j , " 11 11-T) with
Second the vote on this resolution was
as follows:
AYE NAY
Mayor Mike Thomas L
�",Kt
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe x
Councilman Jonah Powers 4
PASSED AND DULY ADOPTED this 7"' day of February, 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
r\
G i g iDennington,
Viccw Mayor
'
ATtEST
QX
Bonnie Zlotnik.", MC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe,Esquire
City Attorney
Doran,Sims, Wolfe&Yoon
Approved by the City Council of the City of Edgewater at a
meeting held on this 7"'day of February, 2022,under Agenda
Item No 8
2022-R-04 2
EXHIBIT "A"
EXECUTIVE Advisory Board Meetings
ADMINISTRATIVE Order of Business and Public
POLICIES AND PROCEDURES Participation
1. PURPOSE
Establish a formal process and procedures to be utilized during meetings called by City Advisory
Boards by establishing the order of business and obtaining citizen input and participation at
Advisory Board meetings.
2. DISCUSSION
The City of Edgewater is committed to democratic, participatory local government that seeks to
involve citizens in all aspects of the decision-making process.
3. ORDER OF BUSINESS
a. Call to order and roll call
b. Approval of minutes.
c. Presentations
d. Old Business (may include public hearings)
e. New Business (may include public hearings)
f, Other Business.
g. Discussion Items/Reports
i. Department Director/Staff
h. Adjourn.
4. VOTING
If a motion has been either adopted of defeated during a meeting, only a member who voted on
the winning side can have the vote reconsidered, such a member an the winning side may make a
motion for the reconsideration. A defeated motion may only be brought back Lip by a member on
the winning side either during the same meeting or one other time within a twelve (12) month
period from the initial meeting such motion was defeated.
In accordance with Section 286.012 of Florida Statutes, a member who is present at a meeting at
which an official decision, ruling, or other official act is to be taken or adopted may not abstain
from voting in regard to any such decision, ruling, or act and a vote shall be recorded or counted
for each member present unless with respect to any such member there is, or appears to be, a
possible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. If
there is, or appears to be, a possible conflict in accordance to the aforementioned sections, the
member shall comply with the disclosure requirements of s. 1123 143.
5. PUBLIC PARTICIPATION - MEETING DECORUM
a. Edgewater Advisory Board meetings are conducted to transact public business. In
conducting the public's business, the City C0111161, is C01-ru-nitted to the principles of
civility, honor, and dignity. Individuals appearing before any Advisory Board are
requested to observe the same principles when making comments on items and issues
2022-R-04 3
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presented to the Board for their consideration. Edgewater Advisory Boards shall use
Roberts Rules of Order as supplementary guidelines for conducting meetings when
not in conflict with any charter provisions, ordinance, resolution or other procedure
established by the City Council.
b. Individuals that appear before an Advisory Board are required to state their name and
their address for the record. All comments must be made from the podium, which is
located at the front of the City Council Chambers or by other reasonable
accommodations and shall address the subject of the agenda item. The purpose of
this requirement is for the recording equipment to record the comments made by
citizens so that they are properly reflected in the minutes and are available for future
reference.
c. Advisory Board Members,City staff members,and citizens are required to use proper
language when addressing the Board or the audience. They must refrain from using
profanity or cursing, aggressive or threatening behavior or language when addressing
the Board or other participants. All comments or questions shall be directed to the
Chair and not individual members of the Board or to the audience unless otherwise
provided herein. No personal verbal and/or physical attacks toward any individual,
by Board members, staff, or citizens will be allowed during the Advisory Board
Meeting. Any person making personal, impertinent or slanderous remarks or
becoming boisterous while addressing the board or attending the board meeting shall
be removed from the City Council Chambers by the chief of police or any police
officer, if so directed by the presiding officer. Unauthorized remarks from the
audience, stamping of feet, whistles, yells or similar demonstrations shall result in the
person being removed by the chief of police or any police officer, if so directed by the
presiding officer. If the presiding officer determines a person shall be removed from
the proceeding pursuant to this provision, he or she shall first give a warning and if
the language or behavior continues, issue the directive for removal from the
proceedings. Additionally, the board may issue a directive for a warning and
subsequent removal by motion and majority vote for language or behavior that
violates this provision.
d. Participants shall adhere to their allotted time as provided in this Policy and may
submit written documents in order to fully address their concerns with the Board.
One participant's allotted time for addressing the Board may not be donated to
another participant.
6. AVENUES FOR CITIZENS TO PARTICIPATE IN DECISION MAKING PROCESS
The City Council provides several avenues for citizens to address issues at official Advisory
Board Meetings. Those avenues are:
• Public Hearings, if applicable
• Regular Agenda Items, excluding ministerial acts such as approval of minutes,
presentations,and election of Chair and Vice-Chair.
• Providing comments and/or concerns to the Board Coordinator in writing, in person or by
phone prior to the meeting.
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7. PUBLIC HEARII''►IGS
1. Public Hearings are formal,often legally-noticed hearings which certain Advisory Boards
conduct pursuant to State or Federal Law. Some Public Hearings are advertised hearings
for specific items scheduled on the Advisory Board's agenda. Some public hearings are
quasi-judicial while others are legislative in nature. Some public hearings have specific
formats that must be followed and are established by law. In those cases, the Chair will
announce that this is a public hearing.
2. The applicant may have time as necessary and permitted by the Chair to make the
presentation before the Board. City staff may have as much time as necessary to make a
presentation on the subject before the Board. Citizens, other than an applicant, who wish
to address the Board, may do so by raising their hands at the time the Chair asks for
anyone wishing to address the issue and by waiting to be recognized by the Chair. All
individuals addressing the Board will clearly state their name and address for the record.
Citizens will be limited to three (3) minutes per person, unless the Chair extends the time
upon receiving majority consensus from the Board. The Chair may rule an individual(s)
out of order if they begin to repeat information that has already been presented by the
other speakers.
3. The order of a Public Hearing will be as follows:
• Disclosure of ex parte communications* (in quasi-judicial proceedings only)
Presentation by City Staff
Questions of the City Staff by the Board
• Presentation by the applicant, if applicable
• Questions of the applicant by the Board, if applicable
• Opportunity for applicant and staff to question other witnesses
Comments from citizens and interested parties
• Final comments by the applicant,if applicable
• Discussion by the Board (Board Members may request additional information from
both the applicant and staff during this phase of the discussion)
Decision by the Board
*Ex parte communication: Any person not otherwise prohibited by statute, charter provision,
resolution or ordinance may discuss with any city official the merits of any matter on which
action may be taken by any council member. Such communication shall not raise any
presumption of prejudice provided the following disclosure procedures are followed:
a. The subject and substance of any ex parte communication with the city official which
relates to quasi-judicial action pending before the official as well as the identity of the
person, group, or entity with whom the communication took place is disclosed and made
part of the record before final action is taken on the matter.
b. A city official may read a written communication from any person. However, a written
communication that relates to quasi-judicial action pending before a city official shall be
made part of the record before final action is taken on the matter.
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c. City officials may conduct investigations, make site visits and receive expert opinions
regarding a quasi-judicial action pending bet-bre them provided such activities and the
existence of such investigations, site visits or expert opinion is made a part of the record
before final action is taken on the matter.
d. Disclosure made pursuant to a)., b) and c) above must be made before or during the public
hearing at which a vote is to be taken and persons having opinions contrary to those
expressed in the ex parte communication shall be given a reasonable opportunity to refute
or respond to the communication,
8. REGULAR AGENDA ITEMS
1. The Chair will provide an opportunity for citizens to speak in favor of or in opposition to
an agenda item. All individuals addressing the Board will clearly state their name and
address for the record. The Chair may rule an individual(s) out of order if they begin to
repeat information or materials presented by other speakers.
2. Citizens will be given up to three (3) minutes to comment or ask questions about the
agenda item, The Chair must recognize all who wish to speak.
9. DOCUMENTS
All documents submitted to any Advisory Board become public record when given to the Board
for their consideration and shall be maintained by the City Clerk in accordance with the public
records law.
Approved:
Gigi J�ennington, Ddte
Adopted: By Resolution 2022-R-=ry 7, 2022
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