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07-32 I . RESOLUTION NO. 07-32 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING COUNCIL RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the Council Rules; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Council Rules are hereby amended as follows: RULE 1 SCHEDULING COUNCIL MEETINGSIWORK SESSION AGENDAS (1) The City Council shall meet on the first and third Thursdays of each month at 6:00 p.m. in its chamber. However, in July, the City Council shall hold one regular night meeting on the third Thursday of the month. There will be no regular meeting on the third Thursday of December or the first Thursday of January. The Council will make this determination at the time the annual meeting calendar is being compiled. The day of the meetino may be chanoed by maiority vote of the Council. (2) Except as may be rescheduled from time to time when necessary due to conflict, a work session shall be held at 1 :30 p.m. on the first working day of the Council meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Council decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions except by consensus of Council. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Councilor staff during the work session asking they be scheduled for subsequent meetings or work sessions. ***** RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor shall be the presiding officer of the City Council, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor, the Vice- Mayor shall assume those responsibilities, and if both are absent, the senior Council member in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Council who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all members who seek the floor under correct procedure as provided in Rule 8. The Chair shall not make or second a motion. ***** RULE 6 ORDER OF BUSINESS Resolution No. 07-32 (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation of issues by City staff. 2. Statement of case by applicant or representative (5 minutes). 3. Council questions. 4. Comments in support and comments in opposition. See subsection (3) below regarding time limitations for speakers. 5. Council questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. Council motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes). 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. See subsection (3) below regarding time limitations for speakers. 5. City Council discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). 7. Conclusion by applicant (3 minutes). 8. Decision. All time limits may be extended upon request, and upon approval of request by majority of City Council. G. Speci~1 items of widespre~d public interest. MG. City Manager reports. ~H. City Attorney reports. JI. Council Discussion Items. KJ. . Other Council action. 2 Resolution No. 07-32 (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Council, public input, discussion by the Council, a motion and second, then debate on the motion. (3) Public comments in support or opposition of items before the Council shall be limited to a total of 30 minutes. Unless otherwise specified~ persons speaking before the City Council shall be limited to three minutes per speaker. Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Council. When time limits are set for speakers, unused time cannot be passed from one speaker to another. Extensions of time limits can be given if approved by a majority of the Council the Chair. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager, City Attorney, or any member may agenda an item. Any citizen may request a member to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Council may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Council upon the motion of any Council mmber member. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. ***** RULE 8 DISCUSSION OF AGENDA ITEMS. DEBATE OF MOTIONS.!. tTIE VOTES Council may discuss an aqenda item prior to a motion beinq made. Such discussion may be interactive between the Council members and may be ended at any time by a motion on the item. Otherwise any ARy member of the Council making a motion shall address the Chair and await recognition before speaking. The Chair must recognize any person 'A'ho seeks the floor 'Nhile entitled to it. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. The Chair must recoqnize any person who seeks the floor while entitled to it. When a motion is made and seconded, it shall be stated by the Chair, if necessary. before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. 3 Resolution No. 07-32 For a member to discuss a matter 'Nhile no motion is pending requires permission from the Council. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Council majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted his right to debate desires the floor, unless a vote on the previous question is called. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Council member. RULE 9 NON-DEBATABLE MOTIONS The following motions are not debatable: To adjourn; To lay on the table; To take from the table~ Call the previous question. ***** RULE 12 BREAKS/RECESSES The Council shall, at the direction of the Chair, take a break approximatoly every tv.'O hours, as needed and may recess for meals, if the members of the City Council agree by their vote. Any Council member may make a motion for a recess for an appropriate reason. RULE 13 COUNCIL MINUTES Copies of the minutes of regular meetings shall be furnished, 'Nhen possible, at least seven days prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Council without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Council present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Council member with transcribed excerpts of tapes of City Council meetings. ***** RULE 15 4 Resolution No. 07-32 I .. ~ . RULES OF DECORUM At all times, the Council, staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair's determination, is making obscene, profane, impertinent, irrelevant, immaterial, inflammatory statements or inciting violence or fighting. The determination of the Chair or a majority of the Council shall be final on such matters. No member of the audience shall, during a Council Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Council chambers, except in connection with a presentation made to the Council by a speaker at the podium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Council Chambers. In the event of such removal such person shall not thereafter be readmitted to the Council Chambers during the same meeting. The Chair may recess the meeting meeting may be recessed, if deemed necessary, in order to restore order. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of October ,2007. ;::j~/ J/. ~ Fra1'lk V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney 5 Resolution No. 07-32