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Home My WebLink About1990-196/19/90(ORD1)Legal (Ob) ORDINANCE 90-ig AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING CHAPTER 102 - BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES; PROVIDING REPEAL; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, that: SECTION 1. COMMISSION_ MEETINGS AND PROCEDURES. Chapter 102 - Board of County Commissioners Meefings andProcedures ofJl'i�Ie� as set #oath- in Attachment A to this ordinance is hereby adopted. SECTION 2. REPEAL. Those por_t_i he Indian River County Code (1974 edition) superseded or in conflict with the provisions herein adopted, in particular Chapter 1, are hereby repealed. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. EFFECTIVE DATE. This ordinance shall become effective upon confirmation from the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 18 day of September , 1990. This ordinance was advertised in the Vero Beach SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:19:40 - OfficialDocuments:669, Attachment Id 0, Page 1 Press -Journal on the 24 day of August , 1990, for a public hearing to be held on the day of ep em er 1990, at which time it was moved for adoption by Commissioner Scurlock I seconded by Commissioner Wheeler and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS . INDIAN RIVER COUNTY, FLORI,gA y; ell Carolyry/K. EggertJ,�Chaihmon Attest By C.d •, V � ��w`� sD Q. Florida, this 21st day of _September %199. 0. Effective date: Acknowledgment from the Department of State received on this 21st day of September 100, at 10:30 a.m.,/p.m. and filed in the Office o'# t e7 lerk of the Board of County Commissioners of Indian River County, Florida. Indian Aivsr Ca Approved Dsie Admin. e 5 -17 -'?o Lep %1.2-gc 9'�idgzi C�. Dep i. RtSh Ntg(. 5mead5oft Reprint Date: Monday, August 12, 2013 - 15:19:40 - OfficialDocuments:669, Attachment Id 0, Page 2 �,, 6/19/90.1(Code)Legal(Vk) ATTACHMENT "A" CHAPTER 102. BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES § 102.01. Board of County Commissioners Meetings and rrv�Cuurea: § 102.02. Presiding Officer, § 102,03, Call to Order. § 102:04, Order of Business. § 102.05. Reading of Minutes. § 102.06. Rules of nebnfn.. § 102.07, Addressing the Commission, § 102,08. Silence constitutes affirmative vote § 102;09, Commissioner may file dissent. § 1-022.10—.--Gr-d i n a n c e s, r e -s-1 u -t -i o n s,-a-nd-c-on t -r- c-ts . Section 102_01 Board of County_ Commissioners -Meetings and Procedures 1. Time. The County Commission shall generally hold regular meetings on the first four ruesdays of each month at 9:00 A.M., except that when the day fixed for any regular meeting of the Commission is a holiday recognized by the County the meeting shall be held at e same time on he next Tuesday not a hol-i-a�less 4h meeting is Uancelle�d or otherwise rescheduled by the Commission, 2. Place, All meetings of the Commission shall be held in .. th-eComm i-ss+on Chambe-rs, County Admi-nis-trat-iron otherwise decided by the Commission. 3. Quorum. A majority of the Commission shall constitute a quorum. 4.—Agenda. AI -leers o be pfd on the agen a, ori regular meeting shall be delivered to the County Administrator on or before noon of the Wednesday before the Commission meeting at which the matter is to be heard. The County Administrator shall then compile an agenda kit a"-anged according to the order of business and furnish each member of the Commission, and the County Attorney with a kit on or before Friday noon preceding the Commission meeting, An agenda kit shall be kept for inspection by the public. Once the agenda kits.have been distributed no additional matters shall be presented to the County Commission except with the unanimous approval'of the Commission. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:41. -. OfficialDocuments:669, Attachment Id 0, Page 3 - r 5. Special call of of the of the provide member Meetings. Special the Chairman, or, Vice Chairman, or Commissioners; and, for not less than and the public. 6/19/90.1(Code)Legal(Vk) meetings may be held at the . in his absence, at the call t the request of a majority whenever practicable, shall twelve hours notice to each c„-`----, "° "2 Pres Wng-Of dict e r The presiding officer shall conduct meetings pursuant to the order of business.. He shall preserve order and decorum and shall sta>te. e.very•quest-ion coming before the Commission, announce the.d•eci.sion of,the:Commission on all subiects, and decide a11% questions of order, subject to an appeaI by any Commissioner to the Commission, in which event a majority vote of the, Commission shall determine the question of orde 'The .#ar`e_iLd ng df-f-i_cer_sha_LL_vo_te�_on all quest i ons unless 'he' a`bstains pursuant to general law. 'When appropriate he shall sign.alT ordinances, resolutions,.and 'other.' documents adopted by the Commission during his presence.:. - Section 102.03 Call to Order The presiding officer shall take the chair at the hour appointed for the meeting and shall call the Commission to order. The order of business shall appear on the agenda as follows: 1. Ca -LL -to- Order 2, Invocation 3. Pledge of Allegiance 4. Additions to the agenda/emergency items 5. Proclamation and Presentations 6. Approval of Minutes 7. Consent Agenda S Const 1 tut lona I-Of-f-'rcers and Governm -nta-I Agencies 9. Public Items a. Public Discussion Items b. Public Hearings 1-0. County Administrator -Matters 11. Departmental Matters a. Community.Development b. Emergency Management c. General Services d. Leisure Services e. Office of,Management and Budget SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:41 - OfficialDocuments:669, Attachment Id 0, Page 4 6/19/90.1(Code)Lega.I(Vk) f. Personnel g. Public Works h. Utilities 12. County Attorney Matters 13. Commissioners Matters 14. Special Districts 15. Adjournment Section 102.05 Reading of Minutes Unless a reading of the minutes of a Commission meeting is requested by the Commission, the minutes may be approved without neadIng if as copy=has p usly been furnished to each Commissioner. Section 102,06 Rules of Debate 1. Presiding Officer may deba.te. The presiding officer may not move except for nominations bu-t may, second, and debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of anv of theriahts and privileges of a Commissioner by reason of acting as 2. Getting the Floor, shall address the 3. i Any Commissioner desiring to speak chair and upon recognition by the that -1 be confine tthe auesfions under Introduction before Commission. All substantive matters requiring action by the Commission shall be introducedby--mo-tion and suppor#ed—bye second. 4, Interruptions, Any Commissioner who has the floor shall not be interrupted unless it is to preserve order or to ask for an explanation. If a Commissioner is called to order speakinq shall cease until the question of order is determined. 5. Privilege of closing debate. The Commissioner moving the adoption of an. ordinance, resolution, or motion shall have the privilege of speaking last. 6 -Votes Required- No action of tha Commlcc_o_V _o,nn shall ll he valid unless adopted by the affirmative vote of at least three members of the Commission, and, except as required by state law, no more than three affirmative votes shall be required to pass any motion except for items to be added to the agenda once the agenda kits have been distributed, in which case a unanimous vote is required. 3 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:41 - OfficialDocuments:669, Attachment Id 0, Page 5 6119/90.1(Code)Legal()/k) 7. Motion to reconsider. A motion.to reconsider an action taken by the Commission may be made only during the session is suc ac ion was taken. Such motion must be made by one on the prevailing side, but may be seconded by any member. This section shall not preclude any item on which Commission action has already been taken from being placed on a subsequent Section 102.07 Addressing the Commission ------------------------------------- 1. The County Officers shall have the right to take—pax in discussion, upon recognition by the presiding officer, at any time but may not vote. 2. Any other person who desires. to address the Commission may be recognized by the presiding officer, and when recognized shall step to the microphone, -give his name and address, and then give is-remar s, imi ing is remar s to three minutes unless additional time 'is granted by the Commission. ecfion t02�08--Silence cons it—utes affirma ive vote-- Unless ote Unless a member of the Board states he is abstaining, his silence shall be recorded as an affirmative vote. Se-ct-i on-fO , 0-9 Comms -s i over -may -f-i l-a-d-i-ssent Any Commissioner may have the reasons for his dissent from or protest against any action of the Commission entered in the minutes. Section,102.10 Ordinances, resolutions, and contracts 1. Preparation of ordinances. All ordinances shall be approved by the County Administrator and the County Attorney and no ordinance shall be prepared for presentation to the Commission unless requested by a _ Commj s -s -fon e r . o -r Cou n-ty 0#f i t e -r . 2. Procedures for adoption of ordinances and resolutions. Each ordinance and resolution shall be adopted in accordance with the procedures specified in Florida Statutes, 3, Rates and fees by resolution. All rates, fees, deposits, and charges adopted by the Commission will, to the extent permitted by law, be adopted by resolution rather than by ordinance. SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:41 - OfficialDocuments:669, Attachment Id 0, Page 6 6119/90.1(Code)Legat(Vk) 4, All contract documents shall be coordinated with and noted by the County Attorney and County Administrator before presentation to Commission. Contracts that do not require Commission action shall be- noted by the County Attorney before execution; provided, however, County Attorney's review of purchase orders is not re,qui red. 5 SmeadSok Reprint Date: Monday, August 12, 2013 - 15:19:41 - OfficialDocuments:669, Attachment Id 0, Page 7