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96-018 RESOLUTION NO. 96-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida provides that the City Council may establish procedures relative to City Council meetings and agendas; and WHEREAS, the City Council acknowledges the need to establish procedures relative to City Council meetings and agendas; and, WHEREAS, the adoption of these City Council meeting procedures is in the best interests of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CiTY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The following Comprehensive Council Meeting and Agenda' Procedures are hereby adopted: a. CITY COUNCIL MEETINGS i. Re.qular Meetin.qs. The City Council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. at the Aventura Hospital Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida or such other location designated by the City Council from time to time. ii. Special Meetings. Special meetings of the City Council may be held upon the call of the Mayor or upon the call of four (4) or more members of the City Council. Additionally, the City Manager, pursuant to City Charter Section 3.03(10), is hereby authorized to call Special Meetings of the City Council as necessary. Whenever, a Special Meeting is called, forty-eight (48) hours' notice shall be given to each member of the City Council and the public, or such shorter time as the majority of the City Council shall determine necessary in case of an emergency affecting life, health, property or the public peace. Immediately upon convening such meeting, the City Council shall consider such determination. Notice to the public shall be posted at the Aventura City Govemment Center. Notices shall state the place, date and hour of the meeting and the purpose for which such meeting is called and no further business shall be transacted at the meeting except as stated in the notice. Discussions at Special Meetings shall be limited to the items referred to on the agenda for such meetings. All meetings shall be open to the public, except as may be expressly exempted by state law. iii. Robert's Rules of Order. All meetings of the City Council shall be governed by the rules of procedure provided by Robert's Rules of Order, Newly Revised 1990 Edition. b. DUTIES AND RESPONSIBILITIES OF THE MAYOR i. Mayor To Serve As Presiding Officer. The Mayor shall be the presiding officer at all City Council meetings. The Vice Mayor shall act as the presiding officer during the absence of the Mayor. In the absence of both the Mayor and Vice Mayor, the remaining Councilmembers shall, by majority vote, select a presiding officer to carry out the functions of Mayor, as defined in this Resolution. The Mayor shall decide on all questions of order, subject, however, to an appeal to the other members of the City Council, in which event a majority vote of the City Council will govern such questions of order. The Mayor shall vote on all questions and items and be called last. The Mayor shall introduce agenda items by the agenda item number. The City Attorney shall read the titles of legislation as requested by the Mayor. Thereafter, the Mayor may call upon the City Manager to give any needed explanation of the item up for consideration. Following this, the item shall be opened for City Council discussion or public hearing as required by the item, under the guidelines established herein. All comments or questions by the attending public shall be directed to the Mayor. ii. Mayor to Maintain Decorum At Council Meetinqs. Should a member of the audience become unruly or behave in any improper manner prejudicial to the proper conduct of the meeting, the Mayor is given the right and the authority to require such person to leave the Council Chambers, to be accompanied, if necessary, by a Police Officer. In the event the audience or a part thereof becomes unruly, the Mayor may either recess or adjourn the meeting. c. ORDER OF BUSINESS The order of business of the City Council at the regular meetings shall be as follows: (1) Call to Order/Roll Call (2) Pledge of Allegiance (3) Approval of Minutes (4) Special Presentations (5) Consent Agenda (6) Public Hearings- Ordinances, Land Use Items, etc. (7) Resolutions (8) Reports (9) Other Business (10)Public Comments (11)Adjournment d. COUNCIL DISCUSSION i. Discussion By Councilmembers. Discussion by members of the City Council, including the Mayor, shall be unlimited except as determined by a majority of the City Council. Each member shall be afforded the opportunity to offer rebuttal to each item discussed. A member, once recognized by the Mayor, shall direct all comments or questions on the subject matter being discussed to the Mayor only. Councilmembers shall not engage in cross conversation with other members or the public. Members of the City Council shall not interrupt another member who has the floor. The Mayor shall not unreasonably withhold or delay recognition of any member of the City Council desiring to speak. The Mayor shall recognize other members of the City Council in rotation and not call on any member a second time or subsequent time until such time as all members shall have had an opportunity to speak. ii. Questions By Councilmembers. In the event a member wishes to direct questions to another member or to the public during a public meeting or 4 presentation, the questions shall be directed to the Mayor who, in tum, will recognize the Councilmember or member of the public who wishes to answer the specific questions. In the event a member wishes to direct a question to the City Manager, the question shall be directed to the City Manager through the Mayor, who will, in turn, recognize the member. All questions of City staff shall be made through the City Manager. e. PUBLIC PARTICIPATION AND DISCUSSION i. Public Headn.qs. Individuals wishing to speak on matters that appear on the agenda as "Public Hearings" need only to be recognized by the Mayor. The public shall be permitted to speak after the Mayor opens an item for Public Hearing. After the Public Hearing is closed by the Mayor, only members of the City Council or Administration shall discuss the item. ii. Addressinq, Council. Manner and Time. Public discussion shall be limited to three minutes maximum per person; however, the Mayor may authorize the extension of the aforesaid time frame, after due consideration for the substance, content, and relative importance of the subject. Any extensions granted should apply to other individuals speaking on the same subject. Each person who addresses the Council shall step up to the speaker's podium and shall give his/her name and address. No person other than the Council and the person recognized by the Mayor as having the floor shall be permitted to enter into discussion without the permission of the Mayor. All questions from the public to the Council shall be addressed through the Mayor. f. COUNCIL MEETING ITEMS i. Approval of Minutes. Unless a reading of the minutes of a City Council meeting is requested by a member, such minutes may be approved by motion without reading the minutes. Revisions or correction to the minutes may be made at that time. ii. Special Presentations. This section of the agenda is reserved for presentations, proclamations or special recognition made by the Mayor. iii. Consent Agenda. There shall be a consent agenda during each regular City Council meeting. The consent agenda shall contain Resolutions, Ordinances for first reading, motions and other pertinent matters which, in the opinion of the City Manager, may be handled and implemented without necessity for discussion. Unless a Councilmember specifically requests that an item be removed from the consent agenda, such items shall be approved and adopted by a single motion and roll call vote. iv. Public Hearings. Ordinances for second reading or items requiring a public hearing shall be placed on this portion of the agenda. v. Resolutions. Resolutions not included on the consent agenda shall be placed on this portion of the agenda. vi. Reports. This section of the agenda shall be utilized for the Mayor, Councilmembers, City Manager and City Attorney to provide informational reports. As much as it is possible, the topic of the .report should be provided to the City Manager prior to the close of the agenda so that the item may be noticed 6 to the public. No final action may be taken during this portion of the agenda unless determined to be an emergency by five (5) affirmative votes of the City Council. vii. Other Business. The Mayor or a Councilmember who has a request for the preparation of policy legislation or action by the City Attorney or Administration shall place such requests for consideration by the City Council under this section of the agenda. A signed written memorandum or form provided for such purposes shall state the purpose of the item/action, the major points to be covered, the reasons for necessary action, and the action desired by the Councilmember. Said document shall be provided to the City Manager prior to the deadline for closing the agenda. The request shall not be acted upon until such request is approved by a motion of the majority of the City Council. viii. Public Comments. Individuals wishing to speak on matters not on the agenda but pertinent to the City may do so by signing in with the City Clerk prior to the meeting. The Mayor will recognize those persons who signed in under the agenda item "Public Comments." ix. Adiournment. All meetings of the City Council, whether they be special or regular meetings, shall be adjourned at 12:00 midnight. However, the City Council, by affirmative vote of five Councilmembers present at the meeting, may extend the meeting beyond the time limit. In any event, the motion to continue the meeting must provide for a specific time frame which the City Council will honor for the purposes of continuing the meeting. 7 g. COUNCIL AGENDA PREPARATION i. Placement of Items on Agenda. All appropriate background material shall accompany the item in the form of a signed memorandum. All information relating to items to be placed on the agenda shall be submitted by the City Councilmember to the City Manager by 12:00 noon the Wednesday prior to a regular meeting. A complete package of all agenda material shall be provided to the City Council by the City Manager no later than the Friday evening prior to the date of the meeting. In the event pertinent information relating to an agenda item is missing or unaccounted for prior to the meeting, the City Council may remove the item from the agenda at the meeting. ii. Agenda Closin,q Dates. The agenda for all regular meetings of the City Council shall be closed by 5:00 p.m. on the Wednesday prior to the date of the meeting. No additional items shall be added to the agenda after the agenda closing date unless it is deemed to be an emergency. An item requiring immediate Council action and not included in the agenda may be added to the agenda by five (5) affirmative votes of the City Council determining consideration of such item is necessary as an emergency. iii. Preparation of Legislation. All Ordinances and Resolutions shall show the name of each Councilmember and whether such member voted for, against or failed to vote. All Ordinances and Resolutions, once approved by the City Council, shall be executed by the Mayor and attested to by the City Clerk. iv. Sequence of A.qenda Items. Upon request by the Mayor and/or other members of the Council, items on the agenda may be moved out of sequence in order to expedite the matters before the City Council. h. QUASI-JUDICIAL PROCEEDINGS i. Quasi-judicial proceedings shall be excepted from this Resolution and shall be governed by City Ordinance. Section 3. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. The provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution, but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 5. That this Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Councilmember Rocjers-Libert , who moved its adoption. The motion was seconded by Councilmember Cohen , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay Beskin ;yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow :yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes 9 PASSED AND ADOPTED this /~ day of June, 1996. /~ AR'T~UR I. SNYDI~, M~YOR ATTEST: ACTING CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 10