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HomeMy WebLinkAboutOrdinance 2004-208 ORDINANCE NO. 2004- ~O~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2004-107 RELATING TO THE RULES OF PROCEDURE OF THE CITY COMMISSION; REVISING RULE 5.05 (SECTION 74-14) TO INCLUDE SECTION D. ENTITLED "FOUR (4) DAY RULE FOR THE PRESENTATION OF AGENDA ITEMS"; FURTHER AMENDING RULE 6.03 A RELATING TO SPEAKER REGISTRATION CARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has adopted its own Rules of Procedure; and WHEREAS, the City Commission has a desire to amend certain of its formal rules rule relating to the submission of agenda items prior to Commission meetings and registration speaker cards. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: PART 5. CONDUCT OF MEETINGS; AGENDA Section 1. Section 74-14 "Agenda" of Chapter 74 of the Code of the City of Sunny Isles Beach, and specifically Section 5.05, Rules of Procedure of the City Commission, is hereby amended to read as follows: Rule 5.05. AGENDA (a) ORDER OF BUSINESS. There shall be an official agenda for every meeting of the Commission which shall determine the order of business conducted at the meeting. The order of business shall be as follows: (1) call to order/roll call of members, (2) pledge of allegiance and invocation, (3) approval of minutes, (4) order of business (additions /deletions), (5) special presentations, (6) Zoning matters, unless heard by special meeting or as otherwise decided by the Commission, (7) ordinances submitted for first reading may be handled as a consent agenda at the pleasure of the Commission, (8) public hearings, which are not ordinances and/or which shall be held at a specially scheduled time, if the notice so states, (9) ordinances submitted for second reading, (10) resolutions, (11) motions, (12) discussion items, (13) citizens' forum: petitions and other communications, (14) adjournment. Items shall be considered in the order in which they are placed on the agenda unless a majority of the Commissioners determines to deviate from the printed agenda. The Commission shall not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the entire Commission shall have first consented to the consideration of the matter. No ordinance resolution or other matter listed on the agenda for public hearing or the vote thereon, may be deferred until a later Amendment to Rules of Procedure/Chapter 74 and Ord. 2004-107 Legislation/Ordinances LMD 5/27/2004- 2:13 PM time unless a majority of the entire Commission shall vote in favor of such deferral. (b) AUTHORITY TO PLACE ITEMS ON AGENDA. Matters may be placed on the agenda by any City Commissioner, the City Manager, the City Attorney or the City Clerk. (c) APPROV AL OF MINUTES. Unless a reading of the minutes of a meeting is requested by a majority of the Commission, such minutes, when approved by the Commission and signed by the presiding officer and the City clerk, shall be considered approved without reading; provided that the City Clerk shall place a copy of the minutes of each meeting, as soon as they have been completed, at a designated place in the City Clerk's office where they may be examined by the Commissioners prior to formal approval. All minutes shall be summary in nature and not verbatim. The minutes of prior meetings may only be approved by a majority of the Commissioners present at a meeting of the Commission, and upon such approval shall become the official minutes. (d) FOUR (4) DAY RULE. A CoPY of each agenda item shall be furnished to the members of the Commission no later than four (4) days before a vote may be called on the item. unless a majority of the Commissioners agrees to waive the rule. or. unless the City Manager deems an item to be of a sufficiently urgent nature that it needs to be acted upon before the new agenda. This rule is not applicable to workshops. special or emergency meetings. This rule shall not apply to advisory boards or committees established by the City Commission. Section 2. Section 74-19 of Chapter 74 of the Code of the City of Sunny Isles Beach also referred to as Rule 6.04 ADDRESSING COMMISSION. MANNER. TIME is hereby amended as follows: Rule 6.02. CITIZENS' PRESENTATIONS; PUBLIC HEARINGS. (a) CITIZENS' PRESENTATIONS. Any citizen shall be entitled to have an item placed on the official agenda of a regular meeting of the Commission and be heard concerning any matter within the scope of the jurisdiction of the Commission. Only Commissioners and the City Manager may place citizens' items on the official agenda. (b) PUBLIC HEARINGS. Any citizen shall be entitled to speak on any matter appearing on the official agenda under the section entitled "Public Hearings" subject to the Citizens' Bill of Rights and these rules of procedure. Rule 6.03. REGISTRATION OF SPEAKERS. (a) Registration of speakers may be required by the presiding officer. If so, the City Clerk shall prepare appropriate registration cards which should indicate the speaker's name, the agenda item on which he or she is speaking., afld ','/nether he or sfie is ~eakiB:g in favor of, against, or is seeking information aboat, the proposed item. (b) If registration is required on a particular agenda item, failure to comply with the registration provisions ofthis paragraph may prohibit a person from speaking. Amendment to Rules of Procedure/Chapter 74 and Ord. 2004-107 Legislation/Ordinances LMD 5/27/2004- 2:13 PM Rule 6.04. ADDRESSING COMMISSION. MANNER. TIME (a) Each person, other than salaried members of the City staff, who addresses the Commission shall step up to a podium and shall give the following information in an audible tone of voice for the minutes: (1) Name; (2) Address; (b) Each speaker may be required to disclose the following information: (1) Whether the person speaks on his or her own behalf, a group of persons, or a third party; if the person represents an organization, the person shall also indicate the number of members in the organization, the annual dues paid by the members, the date of the most recent meeting of the organization's board or governing council, and whether the view expressed by the speaker represents an established policy of the organization approved by the board or governing council; (2) Compensation, if any; (3) Whether the person or any immediate family member has a personal financial interest in the pending matter, other than as set forth in (2). (c) Unless further time is granted by the presiding officer, the statement shall be limited to three (3) minutes. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person, other than Commissioners and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Commission, without the permission of the presiding officer. No question shall be asked a Commissioner except through the presiding officer. Severability. If any section, subsection, sentence, clause or provisions of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Inclusion in the Code. It is the intention of the City Commissioners, and it is hereby ordained that the provisions of this ordinance, shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. Effective Date. This ordinance shall become effective ten days after adoption on second reading. Amendment to Rules of Procedure/Chapter 74 and Ord. 2004-107 Legislation/Ordinances LMD 5/27/2004- 2:13 PM PASSED AND ADOPTED upon first reading this ~day of 01~- fl PASSED AN ADOPTED upon second reading this .Lt!'day of ~L',^ t , 2004. ~,..' "t,.::" , . ' l ''; ,: I'. ., {~' :j.~~c~~ ~'lt ": \ l) ",'.> \ ,i'') ''f'!'l'' ,.J./ ..,;," ,.,.~..,~ oJ. _..j.", 'i"4~: J'O;i>~ AYPROVED AS TO LEGAL FORM AND SUFFICIENCY: ,2004. Motion on second reading by: ~ 1 CI (Y\~\OI <C 0 cd M,a k.. \ Second on second reading by: C ~\"^.I;~ ~L~c;. ( ~' VOTE: t{;'-O Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) L/ (yes) lL.- (yes) .1-L- (yes) ~ (yes) ~ (no)_ (no)_ (no)_ (no)_ (no)_ Amendment to Rules of Procedure/Chapter 74 and Ord. 2004-107 Legislation/Ordinances LMD 5/27/2004- 2:13 PM