94-R-01
..
.~
-'
RESOLUTION NO. 94-R-Ol
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ESTABLISHING COUNCIL
PROCEEDINGS; ESTABLISHING REGULAR MEETING
TIMES, THE MEETING PLACE, RESPONSIBILITIES OF
THE PRESIDING OFFICER, THE ORDER OF BUSINESS,
RULES OF DEBATE, THE PROCEDURE FOR ADDRESSING
THE COUNCIL, ACCEPTABLE DECORUM, THE USE OF
ROBERT'S RULES OF ORDER, AND THE EFFECT OF A
MOTION FOR ADJOURNMENT; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. As the result of the adoption of the new City Charter in
1992, certain sections of Article II. Council Proceedings of
Chapter 2. Administration of the Code of Ordinances now conflict
with or duplicate provisions of the Charter.
2. Section 3.11(b) of the Charter authorizes the City Council
to determine its own rules and order of business except that the
agenda for regular council meetings shall include
"Citizen
Comments" at the beginning and directly prior to adjournment.
3. The establishment of Council proceedings through an
ordinance limits the ability of the City Council to adjust these
procedures to serve the best interests of the public.
4.
Section
166.041(1) (b),
Florida Statutes defines
"resolution" as an expression of a governing body concerning
matters of administration, an expression of a temporary character,
or a provision for the disposition of a particular item of the
administrative business of the governing body.
5. Article II of Chapter 2 of the Code of Ordinances has been
repealed ln its entirety.
6. It is in the best interest of the citizens of Edgewater
that Council proceedings consistent with the Charter and current
practices of the City be reestablished in this resolution.
NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. Regular meeting times.
The City Council shall hold regular City Council meetings on
94-R-Ol
1
,....
l1JIIII
the first and third Monday of each month at 7:00 p.m. If the first
or third Monday falls on a holiday recognized by the City, then the
regular meeting shall be either canceled or rescheduled as
determined by the City Council.
Section 2. Meeting places.
Meetings of the Council shall be held in the Community Center
unless another location is designated by the Council.
Section 3. Presiding officer.
(a) The presiding officer of the Council shall be the Mayor.
The Vice Mayor shall act as Mayor during the absence or disability
of the Mayor. At the first Council meeting after each regular City
election, the Council shall elect one of its members as Vice Mayor.
(b) The presiding officer shall preserve strict order and
decorum at all regular and special meetings of the Council. He
shall state every question coming before the Council, announce the
decision of the Council on all subjects and decide all questions of
order, subject however to an appeal to the Council, in which event,
a majority vote of the Council shall govern and conclusively
determine such question of order. The presiding officer shall vote
on all questions and sign all ordinances and resolutions adopted by
the Council.
(c) The presiding officer shall call the Council to order
precisely at the hour appointed for the meeting.
Section 4. Order of Business.
The business of the Council shall be taken up for
consideration and disposition in the following order:
(1) Call to order, roll call, invocation, pledge of
allegiance.
(2) Approval of minutes.
(3) Citizen comments.
(4) Council/officer reports
City Attorney
City Manager
City Council
(5) Consent agenda.
Items on the consent agenda are defined as routine nature
that do not warrant detailed discussion or individual
94-R-Ol
2
....
.,.,
action by the Council; therefore, all items remaining on
the consent agenda shall be approved and adopted by a
single motion, second, and vote by the City Council.
Items on the consent agenda are not subject to
discussion. One of the most basic rules of a consent
agenda is that any member of the City Council may remove
any item from the consent agenda simply by verbal request
at the City Council meeting. Removing an item from the
consent agenda would not require a motion, second, or a
vote ; it would simply be a unilateral request of an
individual Councilmember.
(6) New business.
(7) Ordinances, public hearing, and resolutions.
First reading.
Second reading.
(8) Unfinished business.
(9) Council/officers reports.
City Attorney.
City Manager.
City Council.
(10) Questions from press.
(11) Citizen comments.
(12) Adjourn.
Section 5. Rules of debate.
(a) Presiding officer may debate and vote.
The presiding
officer shall have a voice and vote in the proceedings, subject
only to such limitations of debate as are by these rules imposed on
all Councilmembers and shall not be deprived of any of the rights
and privileges of a Councilmember by reason of his acting as the
presiding officer.
(b) Getting the floor, improper references.
If any
Councilmember, the City Attorney or the City Manager desires to
speak, he shall be recognized by the presiding officer first,
except that any Councilmember, once recognized, may join in a free
exchange of ideas and opinions with other Councilmembers without
interruption from the chair.
Comments shall be confined to the
question under debate, avoiding all personalities, indecorous
language, and irrelevant matters.
(c) Interruptions. A Councilmember once recognized shall not
be interrupted when speaking unless it be to call him to order or
as herein otherwise provided. If a Councilmember while speaking is
called to order, he shall cease speaking until the question of
94-R-Ol
3
. .
.....
"'"
order is determined, and if in order, he shall be permitted to
proceed.
(d) Privilege of closing debate. The Councilmember moving
the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
Section 6. Addressing the Council.
Any person desiring to address the Council shall first be
recognized by the presiding officer. He shall then step up to the
podium, give his name and address in an audible tone of voice for
the record, and unless further time is granted by the Council,
limit his address to three (3) minutes. All remarks shall be
addressed to the Council as a body and not to any Councilmember
individually. No person, other than a member of the Council and
the person having the floor shall be permitted to enter into any
discussion. No question shall be asked a Councilmember except
through the presiding officer.
Section 7. Decorum.
(a) While the Council is in session, the Councilmembers must
preserve order and decorum. A member shall neither by conversation
or otherwise, delay or interrupt the proceedings or the peace of
the councilor disturb any Councilmember while speaking or refuse
to obey the orders of the Councilor its presiding officer, except
as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous
remarks or who becomes boisterous while addressing the Council
shall be removed from the meeting.
Section 8. Robert's Rules of Order.
Robert's Rules of Order, as revised from time to time, are
hereby designated and established as supplementary rules of
procedure to govern the conduct of meetings of the City Council,
when said Robert's Rules of Order are not in conflict with any
charter provision, ordinance or other procedure established by the
City Council.
Section 9. Adjournment.
A motion to adjourn shall always be in order and decided
94-R-Ol
4
without debate.
Section 10. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 11. This resolution shall take effect upon
adoption.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 24th day of January, 1994.
. ...... .
94-R-01 5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: ✓1
Jack Ha man,
Mayo
APPROVED FOR FORM & CORRECTNESS:
L,d4l. A
Krieth A. Storey
City Attorney