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HomeMy WebLinkAboutR-2023-073 Order of Business City Commission AgendaRESOLUTION NO.2023-S 1 A RESOLUTION OF THE CITY COMMISSION OF THE DANIA BEACH, FLORIDA, PERTAINING TO RESOLUTION 28-85, WHICH PRESCRIBES RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AMENDING SUBSECTION 6.1 ("ORDER OF BUSINESS") TO MODIFY THE ORDER OF BUSINESS AND OTHER TECHNICAL CLARIFICATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff periodically updates its procedures, working towards best practices for the expedient, transparent and efficient addressing of City business; and, WHEREAS, Subsection 6.1 "Order of Business" was last amended in 2015 by Resolution No. 2015-147 respectively; and, WHEREAS, City staff desires to further update the rules of procedure for City Commission Meetings and Subsection 6.1 "Order of Business" to continue to provide best practices for expedient, transparent and efficient addressing of City business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Attached and incorporated by reference as Exhibit 1, are the proposed amended Rules for City Commission meetings. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 11, 2023. Motion by Qjyli'1') j6tjYV,,l second by V I L-�Lftwn Jfk AC-r l . 1 FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara Jamesrc Commissioner Marco Salvino Vice Mayor Lori Lewellen li -S Mayor Archibald J. Ryan IV APPROVED AS TO FORM AND CORRECTNESS: viwriZI410,0, /1 J�ATTORNEY EXHIBIT 1— PROPOSED AMENDED RULES FOR CITY COMIVIISSION MEETINGS Section 1. AUTHORITY 1.1 Charter: The Charter of the City of Dania Beach provides that: "The Commission shall prescribe its own mles, regulations and order of business, and shall keep minutes of its proceedings". (Part II, Article 7, Section 5) Accordingly, the following rules shall take effect immediately upon adoption by the eCity Ceommission and shall remain in effect until such time as new rules are adopted by the Ceity Ceommission. Section 2. DEFINITIONS 2_1. For the purpose of these rules the word, "Mmayor" shall include the Vvice Mmayor and the Mmayor pro tem, when appropriate; the word "Ceommission" shall mean Ceity eCommission; and the word "eCity" shall mean the City of Dania Beach, Florida. Section 3. GENERAL RULES 3.1 Meetings to be Public: All official meetings of the Ceommission, except where state and local law allows executive sessions for certain limited topics, shall be public. The minuesminutes of the proceedings, except those for the said executive sessions, shall be open to public inspection. Public meetings may include virtual public meetings, with appearances by elected officials and the public by virtual means. A majority of all members of the City Commission shall constitute a quorum. 3.2 Ouorum and Vote: A majority of all members of the Ceity Ceommission shall constitute a quorum but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by yeas and t] nays and entered upon the minutes. (Part H, Article 7, Section 6, City Charter). The City may convene a quorum, virtually, as provided under the City Charter and City Code. 3.3 Minutes of Proceedings: An account of all proceedings of the commission shall be 3.4 Ordinances and Resolutions Confined to One Subject: Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. (Section 166.041(2), Florida Statutes) 3.5 Right of Floor: Any member desiring to speak shall be recognized by the Mrnayor and shall confine his or her remarks to the subject under consideration or to be considered. 3.6 City Manager: The Ceity Mmanager shall attend all meeting of the eCommission unless excused. The Ceity Mmanager may make recommendations to the eCommission and shall have the right to take part in all discussions of the eCommission, but shall have no vote. 3.7 City Attorney: The Ceity aAttomey shall attend all meetings of the eemmissien Commission unless excused and shall, upon request, give opinions, either written or oral, on questions of law. The eity-C�atterney-Attorney shall act as the eCommission's parliamentarian. 3.8 City Clerk: The Ceity Celerk shall attend all meetings of the Ceommission unless excused and shall keep the official minutes and perform such other duties as may be required. 3.9 Officers and Employees: Department heads of the Ceity, when there is pertinent business from their departments on the agenda, shall attend such Ceommission meetings when requested by the Ceity Mmanager. The police chief or a designated subordinate shall attend all Ceommission meetings. 3.10 Rules of Order: "Roberts Rules of Order Revised" shall govern the proceedings of the commission in all cases, unless they are in conflict with these rules. n Section 4. TYPES OF MEETINGS 4.1 Regular Meeting: The Ceommission shall meet in the Ceommission Cehambers for regular, adjourned and special meetings. The regular Ceommission meetings are to commence at 7:00 P.M., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance. 4.2 Biennial Organizational Meeting On the first Tuesday following each biennial regular election, the Ccity Ceommission shall meet at the usual place for holding the meetings of the legislative body of the eCity, at which time the newly elected Ceity Ceommissioners shall take the prescribed oaths of office and assume the duties of their respective offices. (Part H, Article 7, Section 1, City Charter) 4.3 Special Meeting to Seat a New Member: On the first Monday following the election of a new member, elected at other than a bi-ennial regular election, the Ceommission shall meet to receive such new member. (Part H, Article 7, Section 2, City Charter) 4.4 Special Meetings: The Mmayor, any two (2) members of the Ceity Ceommission or the Ceity Mmanager may call special meetings of the Ceity Ceommission upon at least six (6) hours written notice to each member, the eCity mManager, Ceity eClerk-auditef, and eCity left at laiu Mp« usual ..,aee O f .-wide fl,.e _ttorney- and -ehie€-s€ geliee, served personally_ c. ,. r delivered electronically via e-mail. The regularity or validity of any proceedings, taken at any special meeting at which a majority of members of the CeityCeommission and the eCity eClerk are present shall not be questioned on account of any omission or irregularity in calling such a special meeting. The call for a special meeting shall specify the day, the hour and the location of the special meeting and shall list the subject or subjects to be considered. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto. 4.5 Adjourned Meetings: Any meeting of the Ceommission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. 4.6 Worksh2p Meetings: The Ceommission may meet informally in workshop meetings (open to the public) at the call of the Mmayor, or any two (2) members of the Ceommission or Ceity Mmanager, to review forthcoming programs of the eCity, receive progress reports on current programs or projects, or receive similar information from the Ceity Mmanager. No vote or polling of the Ceommissioners shall be taken at said workshop meetings. 4.7 Emergency Meetings: Emergency meetings may be held on the call of the Mrnayor, two (2) members of the Ceommission or the Ceity Mmanager whenever there is a public emergency affecting life, health property or the public peace, and whenever practicable, upon no less than one (1) hour notice to each member and the public. 4.8 Attendance of Media at Commission Meetings: All official meetings of the eCity Ceommission and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. Section 5. PRESIDING OFFICER 5.1 Running the Meetings: The mayor -commissioner, if present, shall preside at all meetings of the commission. In the absence of the mayor, the vice mayor shall preside. In the absence of the mayor and the vice mayor, any member of the city commission may be designated M as mayor pro tern for such meeting. The mayor shall have a vote in the proceedings of the city commission and shall vote last upon roll call. (Part III, Article 2, Sections 2 & 3(a), City Charter) 5.2 Call to Order: The meetings of the Ceommission shall be called to order by the Mmayor, or in his or her absence, by the Vvice Mmayor. In the absence of both the Mmayor and the Vvice Mmayor, the meeting shall be called to order by the eCity eClerk for the selection of a rnMayor pro tern from any of the eCommissioners present. 5.3 Preservation of Order: The Mmayor shall preserve order and decorum; and, confine the debate of the Ceommissioners and the public to the question under discussion. 5.4 Points of Order: The Mmayor shall determine all points of order, subject to the rights of any member to appeal to the eCommission. If any appeal is taken, the question shall be, "Shall the decision of the Mmayor be sustained?" 5.5 Questions to be Stated: The Mmayor shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken for the adoption of an ordinance or resolution. A roll call vote may be taken on matters other than ordinances and resolutions upon the request of any member of the Ceommission. 5.6 Substitution for Mayor: The Mmayor may call on the Vvice Mmayor to temporarily conduct the meeting in order to make a motion. Such substitution shall not continue beyond the action on that motion. Section 6.ORDER OF BUSINESS AND AGENDA 6.1 Order of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Call to Order/Roll Call 2. Moment of Silence and Pledge of Allegiance . , ll Call 43. Presentations and Special Event Approvals �4. Proclamations 5. Administrative Reports 6. Public Safety Reports 6:7. Citizens' Comments 8. Consent Agenda 9_Bids and Requests for Proposals 9,10. Ouasi-Judicial Hearings 11. First Reading Ordinances 440-.12. Second Reading Ordinances Ptiblie Hear-ings and Site Plans 13. Discussion and Possible Action 14. Appointments 4-1-.15. Commission Comments 43:16. Adjournment 6.2 Agenda: The order of business of each meeting shall be as contained in the agenda prepared under the direction of the Ceity Mmanager or his designee. The agenda shall be a listing by topic of subjects to be considered by the Ceommission and shall be delivered to members of the Ceommission each Thursday preceding the meeting to which it pertains. 6.3 Presentation by Members of Commission: The agenda shall provide a time when the mayor or any Ceommissioner may bring before the Ceommission any business that he/she feels should be deliberated upon by the Ceommission. The matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Ceommission meeting, except that immediate action may be taken upon a vote of a majority of all members of the Ceommission present. 6.4 Approval of Minutes: The minutes of a Ceommission meeting may be approved on the consent agenda if the eCity eClerk previously famished each member with a copy thereof. Section 7. ORDINANCES, RESOLUTIONS AND MOTIONS 7.1 Form: Ordinances and resolutions shall be presented to the commission only -in printed-er�ten or electronic form. 7.2 City AttennevAttorney to Approve: All ordinances and resolutions shall be "Approved as to Form and Correctness" by the <ity sAttorney. Such approval shall be so indicated by signature on the last page of the ordinance or resolution once approved and/or adopted by the City Commission . 7.3 City Manager to Review: All ordinances and resolutions shall be reviewed by the eCity fnManager. Such review shall be so indicated by recommendation included in the agenda backup material presented to the Ceommission. 7.4 Distribution of Ordinances and Resolutions: The city manager or his designee shall have copies of all proposed ordinances prepared for distribution to all members of the eatmrtission Commission with the agenda backup material for the enmmiminn Commission meeting at which the ordinance is to be introduced. 7.5 Ordinances Deferred. Emergencies: Ordinances introduced at a commission meeting on first reading shall not be finally acted upon no sooner than the next official meeting of the commission; except that an emergency ordinance may be acted upon on first and second readings at the same meeting by an affirmative vote of at least two-thirds (four [4] members) of the commission. 7.6 Reading by Title Only Upon being introduced, each pro -posed ordinance shall be read by title only, unless any member of the Ceommission requests a full reading of the ordinance. 7. 7 Consideration of Ordinances: Each proposed ordinance shall be read by title or in full two times. Except in case of a bill for an emergency ordinance, not more than one such reading we shall be on the same day, and at least ten (10) days shall elapse between introduction and final passage. 7.8 Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Ceommission. (Section 166.041(4), Florida Statutes) 7.9 Majority Vote Required: An official vote of a majority of a quorum present is necessary to pass a motion, except that 2/3 (4 members) of the membership of the Ceommission is required to adopt an emergency ordinance. 7.10 Tie Vote: In the event of a tie in votes on any motion, the motion shall fail. 7.11 Numbering Ordinances and Resolutions: Upon passage, a number shall be assigned to each ordinance or resolution by the ciCtyCelerk. 7.12 Ordinance and Resolution Passaize Procedure: When passed by the Ceommission, all ordinances and resolutions shall be signed by the Mmayor and be attested by the Ceity Celerk and it shall be immediately filed and thereafter preserved in the office of the Ceity Celerk. 7.13 Requests for Ordinances or Legal Opinions: Any member of the eCity eCommission may request the eCity mManager to have prepared proposed ordinances with such ordinances to be placed on the agenda of the next scheduled Ceommission meeting, provided the ordinance can be drafted and distributed to members of the eCommission in accordance with time schedules set forth in 7.4 of these rules, Any member of the eCity eCommission may request verbal or written legal opinions re-lating to eCity business from the eCity eAttomey. 7.14 Voting Conflicts: No member of the eCity Ceommission may vote in his or her official capacity upon any measure which inures to his/her special private gain and shall, prior to the vote, publicly state to the assembly, the nature of his/her interest in the matter from which 10 he/she is abstaining and within fifteen (15) days after the vote, file a memorandum of voting conflict with the eCity e0erk who shall incorporate it into the minutes. Section 8. CREATION OF COMMITTEES, BOARDS & COMMISSIONS 8.1 Citizen Committees, Boards and Commissions: The Ceommission may create committees, boards and commissions to assist in the conduct of the operation of the eCity government with such duties as the eCommission may specify not inconsistent with the City Charter or City Code. 8.2 Membership and Selections: Membership and selection of members shall be as provided by the Ceommission if not specified by the City Charter or City Code. Any committee, board or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Ceommission. No committee so appointed shall have powers other than advisory to the Ceommission, except as otherwise specified by the City Charter or City Code. A volunteer membership list shall be established and distributed to the Ceity Ceommission to aid in their selection of board, committee and commission members. 8.3 Removal of Members of Boards. Committees and Commissions: The Ceommission may remove any member of any board, committee or commission which it has created or as created by the City Charter by a vote of at least a majority of the Ceommission. Section 9. CITIZEN'S COMMENTS AS AN AGENDA ITEM 9.1 Addressing the Commission: 11 (a) --A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City Commission, may do so by sigakg4n--and-submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. (b)--Comments may be heard virtually when there is a need for City Hall and the Commission Cehambers to be closed to the public. (e)--There are many air -borne illnesses which people can contract by virtue of being in close contact with one another and therefore, as on ongoing exercise of the general police power and proprietary authority of the City, the City may from time to time, through the powers granted to the City Manager, require that certain health measures be implemented, regardless of the existence of any emergency order(s). Therefore, the City Manager may close Commission 12 eChambers to public participation and may instead authorize virtual attendance and participation of employees and the public at large at City Commission meetings. The City Commission may appear virtually at the public meeting. The City Manager may require visitors to City !!hall, whether to individual departments or to Commission Cehambers, to be temperature checked, may require masks to be worn, and may require social distancing of six (6) feet to be maintained between persons. Failure to comply with these measures after advance warning will result in a request to leave the premises and if there is no compliance, removal of the employee or member of the public failing to comply with the temperature checks, mask requirements, or social distancing may be undertaken. 9.2 Manner of Addressing the Commission - Time Limit Each person addressing the Ceommission shall step up to the microphone, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Ceommission, shall limit his/her address comments to three minutes. All remarks shall be addressed to the Ceommission as a body and not to any member therof. No person other than members of the Ceommission, Ceity Mmanager and the person having the floor shall be permitted to enter into any discussion, either directly or through the members of the Ceommission. When requested by any member of the Ceommission, the Ceity Mmanager, eCity Mttomey, as well as staff members, may enter into discussion. No questions shall be asked by the Ceommissioners, except through the Mrrtayor. 9.3 Personal and Slanderous Remarks: Any person making per-sonal, impertinent slanderous remarks, or who shall become boisterous, while addressing the Ceommission, may be required to leave the meeting and may be barred by the Mmayor from further audience before the Ceommission. 13 9.4 Readina of Protests: Interested persons or their authorized representatives, may address the Ceommission for the reading of pro -tests, petitions, or communications relating to any matter over which the Ceommission has control when the item is under consideration by the eCommission, if a majority of the Ceommission present agrees to let them be heard. 9.5 Written Communications: Interested parties or their authorized representatives, may address the Ceommission by written communication in regard to any matter concerning the Ceity's business or over which the Ceommission has control at any time by direct mail, electronic mail, or by addressing such communication to the eCity Celerk who will dis-tribute copies of same to the Ceommissioners. Section 10. SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension of These Rules: Any provision of these rules not governed by the City Charter, State Statutes or City Code, may be temporarily suspended by a vote of a majority of the Ceom-mission. 10.2 Amendment of These Rules: These rules may be amended or new rules adopted, by a majority vote of all members of the Ceommission, provided that the proposed amendments or rules shall have been introduced into the record at a prior Ceommission meeting. 14