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
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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.
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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.
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PASSED AND ADOPTED upon first reading this ~day of 01~- fl
PASSED AN ADOPTED upon second reading this .Lt!'day of ~L',^ t
, 2004.
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AYPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
,2004.
Motion on second reading by: ~ 1 CI (Y\~\OI <C 0 cd M,a k..
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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