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HomeMy WebLinkAbout2013-090RESOLUTION NO. 2013-090 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING RULES AND POLICIES GOVERNING OPPORTUNITIES FOR MEMBERS OF THE PUBLIC TO BE HEARD ON PROPOSITIONS BEFORE THE BOARD IN COMPLIANCE WITH SECTION 286.0114, FLORIDA STATUTES; ENCOURAGING ALL OTHER COUNTY BOARDS TO ADOPT THESE RULES AND POLICIES; REPEALING ANY CONTRARY RESOLUTION. WHEREAS, Section 286.0 114, Florida Statutes, requires that "[m]embers of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission"; and WHEREAS, Section 286.0114, Florida Statutes, provides that the opportunity to be heard on such a proposition shall be subject to certain rules and policies adopted by the board or commission considering the proposition; and WHEREAS, Section 286.0114, Florida Statutes, provides that if a board or commission adopts rules or policies in conformity with the scope of the limitations set forth in Section 286.0114, Florida Statutes, then "when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance" with Section 286.0114, Florida Statutes; and WHEREAS, the Board of County Commissioners by adoption of this resolution desires and intends to adopt rules and policies in conformity with the scope and limitations set forth in Section 286.0114, Florida Statutes and encourages all boards and committees of Indian River County to adopt these rules and policies, and WHEREAS, the Board of County Commissioners intends to consider an ordinance govern ing the opportunity for the public to be heard, which codifies such requirements into the Indian River County Code, as soon as reasonably practical; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. Rules and policies for public's opportunity to be heard before the Board. The Board of County Commissioners hereby adopts the following rules and policies to govern the public's reasonable opportunity to be heard on propositions that may come before the Board, consistent with Section 286.0114, Florida Statutes. F. LI(rornryl indaKienerdVieaolutiom & OrdinanceslReaolutianslFu6lic Meetings.docs 1 RESOLUTION NO. 2013-090 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING RULES AND POLICIES GOVERNING OPPORTUNITIES FOR MEMBERS OF THE PUBLIC TO BE HEARD ON PROPOSITIONS BEFORE THE BOARD IN COMPLIANCE WITH SECTION 286.0114, FLORIDA STATUTES; ENCOURAGING ALL OTHER COUNTY BOARDS TO ADOPT THESE RULES AND POLICIES; REPEALING ANY CONTRARY RESOLUTION. WHEREAS, Section 286.0 114, Florida Statutes, requires that "[m]embers of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission"; and WHEREAS, Section 286.0114, Florida Statutes, provides that the opportunity to be heard on such a proposition shall be subject to certain rules and policies adopted by the board or commission considering the proposition; and WHEREAS, Section 286.0114, Florida Statutes, provides that if a board or commission adopts rules or policies in conformity with the scope of the limitations set forth in Section 286.0114, Florida Statutes, then "when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance" with Section 286.0114, Florida Statutes; and WHEREAS, the Board of County Commissioners by adoption of this resolution desires and intends to adopt rules and policies in conformity with the scope and limitations set forth in Section 286.0114, Florida Statutes and encourages all boards and committees of Indian River County to adopt these rules and policies, and WHEREAS, the Board of County Commissioners intends to consider an ordinance govern ing the opportunity for the public to be heard, which codifies such requirements into the Indian River County Code, as soon as reasonably practical; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. Rules and policies for public's opportunity to be heard before the Board. The Board of County Commissioners hereby adopts the following rules and policies to govern the public's reasonable opportunity to be heard on propositions that may come before the Board, consistent with Section 286.0114, Florida Statutes. F. LI(rornryl indaKienerdVieaolutiom & OrdinanceslReaolutianslFu6lic Meetings.docs 1 RESOLUTION NO. 2013- 090 (a) Members of the public shall be given a reasonable opportunity to be heard on a proposition before the Board of County Commissioners. The Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda, which falls outside the scope of those items listed in subsection (b) below. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting; (b) The requirements in subsection (a) do not apply to: (1) An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the Board to act; (2) An official act of the Board involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; or (3) A meeting that is exempt pursuant to section 286.011, Florida Statutes; (4) A meeting during which the Board is acting in a quasi judicial capacity. (c) Any person who desires to address the Board of County Commissioners may be recognized by the presiding officer, and when recognized shall step to the microphone, give his or her name and address, and then give his or her remarks, limiting his or her remarks to three minutes unless additional time is granted by the presiding officer; and (d) Representatives of groups or factions on a proposition may address the Board of County Commissioners, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard. 2. The other various boards and committees are encouraged to adopt these rules and policies for application to their meetings. F:IAtwmrylLirdaKieneralVte.rolwtioru & OrdinancesVieaolutiwu�Public Meetinga.doas 2 RESOLUTION NO. 2013- 090 (a) Members of the public shall be given a reasonable opportunity to be heard on a proposition before the Board of County Commissioners. The Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda, which falls outside the scope of those items listed in subsection (b) below. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting; (b) The requirements in subsection (a) do not apply to: (1) An official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the Board to act; (2) An official act of the Board involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; or (3) A meeting that is exempt pursuant to section 286.011, Florida Statutes; (4) A meeting during which the Board is acting in a quasi judicial capacity. (c) Any person who desires to address the Board of County Commissioners may be recognized by the presiding officer, and when recognized shall step to the microphone, give his or her name and address, and then give his or her remarks, limiting his or her remarks to three minutes unless additional time is granted by the presiding officer; and (d) Representatives of groups or factions on a proposition may address the Board of County Commissioners, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard. 2. The other various boards and committees are encouraged to adopt these rules and policies for application to their meetings. F:IAtwmrylLirdaKieneralVte.rolwtioru & OrdinancesVieaolutiwu�Public Meetinga.doas 2 RESOLUTION NO. 2013-090 3. Contrary Resolutions. Any contrary resolutions are hereby repealed. The foregoing resolution was moved for adoption by Commissioner oBrun , and anA, upon being put to a vote, the vote thV motion was seconded by Commissioner lesch was as follows: Fer Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Bob Solari Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 10th day of September ,2013. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Flescher, Chairman Approved as to form and legal sufficiency F: UHoeneylLindalCrcnewllReaolutiona & OrdinancealReaolutiorulPublic Meetlngs.docc 3 Reingold, County Attorney RESOLUTION NO. 2013-090 3. Contrary Resolutions. Any contrary resolutions are hereby repealed. The foregoing resolution was moved for adoption by Commissioner oBrun , and anA, upon being put to a vote, the vote thV motion was seconded by Commissioner lesch was as follows: Fer Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Bob Solari Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 10th day of September ,2013. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Flescher, Chairman Approved as to form and legal sufficiency F: UHoeneylLindalCrcnewllReaolutiona & OrdinancealReaolutiorulPublic Meetlngs.docc 3 Reingold, County Attorney