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Home My WebLink About2013-015ORDINANCE NO. 2013- 015 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING POLICIES GOVERNING OPPORTUNITIES FOR MEMBERS OF THE PUBLIC TO BE HEARD; AMENDING SECTION 102.07 (ADDRESSING THE COMMISSION) AND ESTABLISHING A NEW SECTION 102.11 (PUBLIC OPPORTUNITY TO BE HEARD) AND OF CHAPTER 102 (BOARD OF COUNTY COMMISSIONERS; MEETINGS AND PROCEDURES); MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Section 286.0114, 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 ordinance desires and intends to adopt rules and policies in conformity with the scope and limitations set forth in Section 286.0114, Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, § 1 of the Florida Constitution and Chapter 125, Florida Statutes, vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. ORDINANCE NO. 2013- 015 Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amending Section 102.07 (Addressing the commission) in Chapter 102 Board of County Commissioners; meetings and procedures) of the Code of Indian River County). Section 102.07. County officer addressing Add-ressin the commission. 4- The county officers shall have the right to take part in discussion, upon recognition by the presiding officer, at any time but may not vote. 2. Any other- per -sea whe desir-es te address presiding effieer-, and when r-eeegnized shall step the e . . :nay be r-eeegnized by to the fnier-ephene, give his name and , and then give his remarks, limiting his r-emafks by the ee to thfee minu4es unless additional tifne is gfafAed Section 4. Establish Section 102.11 (Public opportunity to be heard) in Chapter 102 Board of County Commissioners; meetings and procedures) of the Code of Indian River County. Section 102.11. Public opportunity to be heard. 1. 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 (2) 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; 2. The requirements in subsection (1) do not apply to: a. 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: Coding: Words/letters underscored are additions to text; words/letters in l� format are deletions to text F.-Wtn eyVirdaIGENERALIRewimfia & OrdinanceslOrdnancesW%blic MeerigslOrdinmm 09./3.I3.da 2 ORDINANCE NO. 2013-__U5 b. An official act of the Board involving no more than a ministerial act including, but not limited to approval of minutes and ceremonial proclamations; C. A meeting that is exempt pursuant to section 286.011, Florida Statutes such as a meeting with the County Attorney's Office concerning settlement negotiations or strategy sessions related to litigation expenditures; or d. A meeting during which the Board is acting in a quasi-judicial capacitv. 3. 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. 4. Representatives of groups or factions on a proposition mqy 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 Section 5. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. Coding: Words/letters underscored are additions to text; words/letters in ilk format are deletions to text F -*W1 rneYDndaIGE1VER4LkR-1vFinis k Ordinmce Ordinmc Public MeedtWslOrdinmw 09.13.13.d— 3 ORDINANCE NO. 2013- 015 This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of sept emher , 2013, for a public hearing to be held on the 1st day of October , 2013, at which time it was moved for adoption by Commissioner Solari seconded by Commissioner Davis and adopted by the following vote: Chairman Joseph E. Flescher Aye Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye_ Commissioner Tim Zorc Aye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October .2013. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA 9 Oppsnnn AlA By: ,.cow,, a° �y. • 0��^^�, B :T'�y Y• Deputy Clerk ;_�° �eph�Fles�� oq;AApproved as to form and legal sufficiency: RNFR Dylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2013. Coding: Words/letters underscored are additions to text; words/letters in sly format are deletions to text F. WttorneyDndaIGENERALIResolu0ons& Or&nmmslOrdinw Public MeetingslOrdtnmm 09.13.13.d= 4