2015-R-01 RESOLUTION 2015-R-01
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; APPROVING THE CITY
COUNCIL MEETINGS — ORDER OF BUSINESS AND
PUBLIC PARTICIPATION POLICY; PROVIDING FOR
SEVERABILITY; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH and PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City Council wishes to provide for the efficient and effective conduct of
all meetings; and
WHEREAS, section 3-11(a) of the Charter authorizes the Council to determine its own
rules and order of business so long as the agenda for regular meetings include "Citizen
Comments"at the beginning and directly prior to the adjournment; and
WHEREAS, the City Council has determined that the City Council 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:
Section 1. The City Council has determined that the policy titled "City Council Meetings
—Order of Business and Public Participation"(attached hereto and incorporated herein as Exhibit
"A") is hereby established and approved for inclusion into the Administrative Policy Manual.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of
this Resolution is for any reason held invalid or unconstitutional by any court of competent
J urisdiction 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hereby repealed.
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Resolution#2015-R-01
Section 4. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
After a motion to approve by(1CLflULIThQc) 6'0.7.l with Second
by (b(1 Cl f kI/YlCtn ! -d rrt j the vote on this resolution held on January 5,
2015 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power X
Councilwoman Gigi Bennington G XOtISED
Councilman Dan Blazi X
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 5th day of January, 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, LORID4
. II� II f B . t `-
w,( 11 .c f By: ___
Bonnie Wenzel / Mike Ignasiak
City.Clerk. Mayor
7FP 1 '=i1
G s".
I/,
'`e ,; Ro. n L. Matusick
P. alegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 5th day of January,2015 under
Aaron R.Wolfe,Esquire Agenda Item No 8Q. .
City Attorney
Doran,Sims,Wolfe,Kundid,
Ciocchetti&Wagner
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Resolution#2015-R-01
EXHIBIT "A"
•
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Resolution #2015-R-01
EXHIBIT"A"
, t) swATSIt City of Edgewater
EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings-
POLICIES AND PROCEDURES Order of Business
and
Public Participation
PURPOSE:
Establish a formal process and procedures to be utilized during meetings called by the City
Council by establishing the order of business and obtaining citizen input and allowing full citizen
participation at official City Council Meetings.
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.
ORDER OF BUSINESS:
(1) Call to order, roll call, pledge of allegiance, invocation.
(2) Approval of minutes.
(3) Presentations/Proclamations/Plaques/Certificates/Donations.
(4) Citizen comments (not to include agenda items).
(5) Approval or changes/modifications to the agenda.
(6) City Council reports.
(7) Consent agenda(no discussion or comment).
(8) Public hearings, ordinances and resolutions.
(9) Board appointments.
(10) Other Business.
(11) Officer reports.
(12) Citizen comments.
(13) Adjourn.
VOTING ORDER:
It has been determined that the voting order of each Council member will rotate in order per
meeting. The City Clerk will stipulate the order on the specific agenda for each meeting. The
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EXHIBIT"A"
City of Edgewater
EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings -
POLICIES AND PROCEDURES Order of Business
and
Public Participation
voting order will start in order of the Mayor, District 1, District 2, District 3 and District 4. The
order will rotate for the next meeting with the Mayor going to the end of the list and the vote
starting with District 1.
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. 112.3143.
PUBLIC PARTICIPATION -MEETING DECORUM:
1. Edgewater City Council Meetings are formal government meetings that are conducted to
transact public business. In conducting the public's business,the City Council is committed to
the principles of civility, honor, and dignity. Individuals appearing before the City Council are
requested to observe the same principles when making comments on items and issues
presented to the City Council for their consideration. The Edgewater City Council 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.
2. Individuals that appear before the City Council 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 Council
minutes and are available for future reference.
3. City Council Members, City staff members, and citizens are required to use proper language
when addressing the Council or the audience. They must refrain from using profanity or
cursing, aggressive or threatening behavior or language when addressing the City Council or
other participants. All comments or questions shall be directed to the Mayor and not
individual members of the City Council or to the audience unless otherwise provided herein.
No personal verbal and/or physical attacks toward any individual, by the City Council, staff, or
citizens will be allowed during the City Council Meeting. Any person making personal,
impertinent or slanderous remarks or becoming boisterous while addressing the council or
attending the council meeting shall be removed from the City Council Chambers by the chief
of police or any police officer, if so directed by the Mayor or presiding officer. Unauthorized
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EXHIBIT"A"
� r City of Edgewater
Ivo EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings -
POLICIES AND PROCEDURES Order of Business
and
Public Participation
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 Mayor or presiding officer. If the Mayor or 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 City Council may issue a directive for a warning and
subsequent removal by motion and majority vote for language or behavior that violates this
provision.
4. 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 Council. One participant's
allotted time for addressing the Council may not be donated to another participant.
AVENUES FOR CITIZENS TO PARTICIPATE IN DECISION MAKING PROCESS:
The City Council provides several avenues for citizens to address issues at official City Council
Meetings. Those avenues are:
♦ Citizen Comments—Non-Agenda(beginning and end of meeting)
♦ Public Hearings
♦ Individual Agenda Items
CITIZEN COMMENTS—NON-AGENDA:
The City Council allocates 5 minutes at the beginning and end of each City Council Meeting for
citizens who wish to appear before the City Council to make a request of the City Council, voice
a complaint or concern, express an opinion, or some type of recognition on matters relevant to
city business. The Mayor may request citizens to consolidate comments if it is determined that
multiple citizens are repeating the same comments regarding the same issue.
CITY COUNCIL REPORTS AND COMMENTS:
At the beginning of each City Council Meeting, the City Council has scheduled an item where
the council reports on various committees and groups on which they represent the City as well as
a time to make comments in general.
PUBLIC HEARINGS:
1. Public Hearings are formal, often legally-noticed hearings which the City Council conducts
pursuant to State or Federal Law. Some Public Hearings are advertised hearings for specific
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EXHIBIT"A"
DGATER City of Edgewater
EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings -
POLICIES AND PROCEDURES Order of Business
and
Public Participation
items scheduled on the City Council 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. All Ordinance considerations are conducted as formal
public hearings and are normally considered as a normal agenda item. In those cases, the
Mayor will announce that this is a public hearing.
2. The applicant may have time as necessary and permitted by the Mayor to make the
presentation before the City Council. City staff may have as much time as necessary to make a
presentation on the subject before the City Council. Citizens, other than an applicant, who
wish to address the City Council, may do so by raising their hands at the time the Mayor asks
for anyone wishing to address the issue and by waiting to be recognized by the Mayor. All
individuals addressing the City Council will clearly state their name and address for the record.
Citizens will be limited to 5 minutes per person, unless the Mayor extends the time. The
Mayor 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 City Council
♦ Presentation by the applicant, if applicable
♦ Questions of the applicant by the City Council, 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 City Council (City Council Members may request additional information
from both the applicant and staff during this phase of the discussion)
♦
Decision
by City the Ci Council
*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.
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EXHIBIT"A"
City of Edgewater
FI G vyATER
EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings-
POLICIES AND PROCEDURES Order of Business
and
Public Participation
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.
c) City officials may conduct investigations, make site visits and receive expert opinions
regarding a quasi-judicial action pending before 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.
REGULAR AGENDA ITEMS:
1. The Mayor will provide an opportunity for citizens to speak in favor of or in opposition to an
agenda item. If an item is on consent agenda, a city council person will have to withdraw the
item if they wish to discuss the item. When an item is removed from the consent agenda, then
citizens will be allowed five (5) minutes to comment. All individuals addressing the City
Council will clearly state their name and address for the record. The Mayor may rule an
individual(s) out of order if they begin to repeat information or materials presented by other
speakers.
2. If the item is on the non-consent agenda portion of the agenda, citizens will be given up to 5
minutes to comment or ask questions about the agenda item. The Mayor must recognize all
who wish to speak.
3. The order of consideration of an agenda item that has been removed from the consent agenda
and all other regular agenda items will be:
♦ Presentatio n by C i ty Staff, if applicable
♦ Questions of the City Staff by the City Council
• Presentation by the applicant or individual, if applicable
♦ Questions of the applicant or individual by the City Council, if applicable
♦ Comments from the public
♦ Questions of public by the City Council
• Discussion by the City Council
♦ Decision by the City Council
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EXHIBIT"A"
�cEwAa�It City of Edgewater
EXECUTIVE ADMINISTRATIVE Subject: City Council Meetings-
POLICIES AND PROCEDURES Order of Business
and
Public Participation
DOCUMENTS:
All documents submitted to the City Council become public records when given to the City
Council for their consideration and shall be maintained by the City Clerk in accordance with the
public records law.
Approved:
(' `
pP
Mike Ignasiak, Mayor Da e
Adopted- January 5, 2015 —Resolution 2015-R-01
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