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Resolution 13-1340RESOLUTION NO.13-1340 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE CITY COMMISSION RULES AND PROCEDURES CONCERNING PUBLIC PARTICIPATION AND OPPORTUNITY TO BE HEARD IN COMPLIANCE WITH SECTION 286.0014, FLORIDA STATUTES; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted a new statute (§ 286.0114, Fla. Stat.) regarding public participation at local government council, commission, committee and board meetings and the City Commission desires to amend its rules and procedures concerning public participation including for the purpose of adopting revisions in compliance with the new statute. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, as follows: Section I. Rule 4.3 Public Participation of the City of Longwood City Commission Rules of Procedure are hereby amended as follows (underlined language are additions, and stfiele whetigk words are deletions; provisions not included are not being amended): Rule 4.3 PUBLIC PARTICIPATION 4.3.1 Members of the public shall be given a reasonable opportunity to be heard on each City Commission agenda item, except for the followingitems: ems: (i) 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 commission to act; (ii) An official act involving not more than a ministerial act including but not limited to approval of minutes and ceremonial proclamations; (iii) A meeting that is exempt from F.S. § 286.011. or (iv) A meeting during which the commission is acting in a quasi-judicial capacity. This paragraph does not affect the right of a person to be heard as otherwise provided by law. In accordance with F S § 286 0114 the opportunity to be heard need not occur at the same meeting at which the City Commission takes official action on the proposition if the opt rtunily occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the City Commission takes official action The public has the ability and opportunity during the Public Participation portion of each regular ar City Commission meeting to speak on matters coming before the City Commission for an official action Members of the public that desire to speak on an agenda item are free to use the Public Participation portion of the agenda to exercise their Wportunity to be heard. 4.3.12 Prior to the start of the Public Participation anyone wishing to address the City Commission shall submit the following information to the City Clerk: 1. Name 2. Address 3. Telephone number 4. Specific subject matter to be discussed. All subjects must be germane to city business. Subjects will be reviewed and questions that are not germane to areas of City business under the province of the City Commission will be referred to the City Administrator for resolution. Subject matter shall be clear and address a specific issue. 5. Whether the subject has been discussed with members of staff prior to the meeting. 4.323 The Chair will call the individual's name and state the subject matter to be discussed at which time the individual shall take his/her place at the podium and shall state their name and address. For persons under the age of 18 years old, a home address and telephone number is not required to be stated orally or in writing, however, such persons should state whether or not they are residents of the Ci1y of Longwood. 4.3.84 All questions and remarks shall be addressed to the Chair and all responses will be from the Chair except when authorized by the Chair. The Chair will permit comments to be addressed to individual Commissioners and/or the City Administrator and permit a response to those comments, if they so desire, but no dialog shall be allowed between the participant and Commissioner/Administrator from the dais. 4.3.45 There shall be a total of three (3) minutes permitted for each participant. 4.3.36 The City Commission will not attempt to resolve problems during a Commission meeting until the matter has been referred to the City Administrator for review and recommendation. 4.3.67 The Chair may call to order any person granted permission to speak during the Public Participation Period who is out of order by failing to be germane or otherwise disrupting the proceedings. When a speaker has been declared out of order by the Chair, they shall be seated immediately. If the person refuses to be seated when declared out of order and/or if the person continues to be disorderly and disrupts the meeting, the Chair may order the person removed from the Commission Chambers by the Sergeant at Arms for the remainder of the meeting. Actions of the Chair are considered actions of the Commission. Should any member disagree or disapprove of the actions of the Chair that Commissioner may call a point of order and the Commission shall rule on the point of order. 4.3.78 The time limit for the Public Participation Period shall be limited to 30 minutes. 4.3.89 In no event will Public Participation be deleted or continued to a future meeting. 4.3.910 No one may speak without first being recognized for that purpose by the Chair. Persons who wish to speak before the Commission are required to sign a sign-up sheet as a condition of recognition. In order for a Commission member to be recognized by the Chair for the purpose of obtaining the floor, the Commission member shall indicate to the Chair that he or she wishes to be recognized. Each person speaking at the public microphone shall print his or her name and address on the sheet provided, and verbally identify him (her) self by name, address and, if appropriate, representative capacity. Persons addressing the Commission during public participation shall be limited to three (3) minutes. Each speaker shall follow all written and verbal instructions so that verbal remarks are electronically recorded and documents submitted for the record are identified and marked by the Clerk. In order that evidence and expressions of opinion be included in the record and that` - decorum befitting a deliberative process be maintained, no modes of expression not provided by these rules, such as demonstrations, banners, applaupe and the -like will be permitted. A speaker asserting a statement of fact may be asked to document and identify the source of the fact being asserted. Members of the public may address the Commission regarding items on the Commission's legislative agenda, special consideration items and other items before the City Commission requiring Commission action. This rule shall not limit the public's right to speak during the open forum. When addressing the Commission, members of the public shall direct all remarks to the Chair and shall confine remarks to the matters that are specifically before the Commission at that time. When any person, including members of the public, City staff and others are addressing the Commission, Commission members shall observe the same decorum and process, as the rules require among the members. The duty of mutual respect set forth in Rule 1.3 and the rules governing debate set forth in Robert's Rules of Order shall extend to all speakers before the City Commission. Section II. Conflicts. Any resolutions or policies in conflict herewith are hereby repealed. Section III. Effective Date. This resolution shall become effective immediately upon adoption. / PASSED AND ADOPTED TIESTT � DAY OF SEPTEMBER A.D., 2013. ATTEST: Approved as to from and legality for the use and reliance of the City of Longwood, Florida, only.