§ 2-33. Agenda; preparation, format, procedure.

(a)

The city manager shall be responsible for the preparation of all city commission meeting agendas.

(b)

With the exception of items requested by city commissioners, the city manager shall authorize all other items to be placed on the agenda in an orderly and timely fashion. Items requested by a city commissioner ("commissioner items") shall be placed under new business with a general description of the subject and the name of the sponsoring commissioner for discussion and/or action by the city commission at the next commission meeting provided that commissioner items are provided to the city manager forty-eight (48) hours prior to the day the agenda is distributed to the city commissioners. A city commissioner may request the city attorney to prepare a resolution or ordinance for consideration by the city commission. The city attorney shall promptly provide the sponsoring commissioner with a draft of the proposed ordinance or resolution. The sponsoring commissioner may then place the item on the next agenda or any future agenda, at the discretion of the sponsoring commissioner, by giving notice to the city manager to place said ordinance or resolution on the agenda forty-eight (48) hours prior to the day the agenda is distributed to the city commissioners.

(c)

An exception to the established format may be made by a majority vote of the city commission in attendance.

(d)

The mayor will decide on any procedures or format to be followed during city commission meetings which are not otherwise provided in this section.

(e)

A time limitation of three (3) minutes is established for each individual who desires to speak under the subjective categories of "open discussion" and "public hearings." There will be no responses to those speaking by any member of the city commission. The total time allotted to open discussion will be one (1) hour. Exception to these limitations may be approved by the city commission.

(f)

Public hearings, when advertised, shall be advertised for 5:00 p.m. and shall be considered at that time or as soon thereafter as the orderly disposition of commission business permits.

(g)

Unless otherwise directed by the mayor, regular city commission meetings will commence at 5:00 p.m.

(h)

The format of the commission meeting agenda for regular, special, and emergency meetings is hereby established as follows:

Call to order;

Roll call;

Moment of silence and pledge of allegiance;

Consent agenda (Any item shall be removed from the consent agenda for discussion and separate vote at the request of one (1) commissioner, the staff, or any member of the public. Any item removed from the consent agenda shall be heard at the consent discussion portion of that commission meeting.);

Special items;

City items;

Open discussion;

Commission/mayor reports;

City manager's report;

Consent discussion. (Discussion and separate vote shall be heard on items pulled from the consent agenda for discussion);

Quasi-judicial consent agenda (any item may be removed from the consent agenda by a commissioner, the staff, the applicant, or an affected party). Any item removed from the quasi-judicial consent agenda shall be tabled to the next regularly scheduled commission meeting for quasi-judicial hearing;

Public hearings;

Quasi-judicial hearings;

City clerk's report;

City attorney's report;

Old business;

New business;

Adjournment.

(i)

Speakers under open discussion.

(1)

As to business that relates to matters concerning the City of Sunrise, members of the public will be permitted to speak under the category "open discussion."

(2)

The mayor may permit either a representative of a group, or a Sunrise resident, or an individual not a Sunrise resident to make a presentation before the commission. All speakers will be allowed three (3) minutes speaking time. The total time allotted to open discussion will be one (1) hour.

(3)

The mayor may require multiple speakers on a topic to provide new comments and not duplicate or reiterate comments from prior speakers.

(4)

The mayor may require speakers to hold their comments on agenda items until the particular item is heard.

(5)

The requirements of this subsection (i) shall not be applicable to any official act taken to deal with an emergency situation if compliance would cause an unreasonable delay in the ability of the advisory board to act; any official act involving no more than a ministerial act; any meeting that is exempt from F.S. § 286.011; and any item that is a quasi-judicial item.

(j)

Members of the public requesting to speak or make a presentation before the commission during open discussion, will be required to sign a sign-in sheet provided by the city which will include their name and city of residence. The sign-in sheet will include the nature of the item, indicate the speaker's support, opposition or neutrality on an item, and designate a representative, if any, to speak for him or his group on an item. The sign-in sheet must be signed prior to the call to order.

(k)

Quasi-judicial proceedings. Except for rezonings, all land development applications that the staff has determined meet all applicable comprehensive plan requirements and land development regulations shall be placed on the quasi-judicial consent agenda for approval. All land development applications that the staff has determined do not meet all applicable requirements and regulations and all rezonings, shall be placed on an agenda for a quasi-judicial hearing. Rezonings shall be considered during two (2) quasi-judicial hearings. At the second quasi-judicial hearing for a rezoning, speakers should not be repetitious or duplicative and only new testimony and evidence shall be introduced.

The community development department shall prepare and provide a "Notice of Appearance Form by Affected Party" to persons who request information concerning participation in a quasi-judicial hearing. Any person, as defined in section 16-277, seeking to participate in a quasi-judicial hearing as an affected party should file the notice of appearance form by affected party with the community development department not later than 4:30 p.m. on the last business day before the scheduled meeting for the quasi-judicial item.

(1)

Quasi-judicial consent agenda. At the appropriate time during the meeting, the mayor will announce that the quasi-judicial consent agenda is the next item on the agenda. The mayor will announce that a commissioner, staff, the applicant or any affected party who is present may request that a specific item be removed from the quasi-judicial consent agenda for quasi-judicial hearing at the next regularly scheduled commission meeting.

(2)

Quasi-judicial hearing. An affected party who attends a quasi-judicial hearing may participate in the hearing by presenting testimony and cross examining witnesses only if the affected party has filed a notice of appearance by 4:30 p.m. on the last business day before the scheduled meeting for the quasi-judicial item with the community development department. The notice of appearance shall state with particularity the comprehensive plan requirement or land development regulation the person contends is not being properly applied and the nature of the affected party's legally recognizable interest that may be adversely affected by the city's approval of the land development application.

(3)

Business day. For purposes of this section, business day shall exclude Saturdays, Sundays and city holidays.

(l)

In a quasi-judicial proceeding the following are automatically deemed part of the record:

(1)

The community development department's staff report on file on the land development application;

(2)

The city's comprehensive plan, the City Code and all other applicable codes.

(m)

Motion to reconsider. An action of the city commission may be reconsidered only at the same meeting at which the action was taken. A motion to reconsider may be made only by a commissioner who voted on the prevailing side of the question and must be concurred in by a majority of those present at the meeting. Adoption of a motion to reconsider shall rescind the action reconsidered.

(n)

Motion to rescind. A legislative action of the city commission taken at a previous meeting (the "previous action") may be rescinded at a subsequent meeting. A motion to rescind is not in order if something has been done in response to the previous action that cannot be undone; if the original motion created a contract and a contract has been entered into; if a resignation has been accepted; if a person has been removed from a post and the person has been officially notified; or if the action would result in a violation of a vested right. Motions to rescind shall be governed by the following process:

(1)

A commissioner seeking rescission of a previous action shall place a motion to consider rescission on the agenda of a regular commission meeting. If a majority of the full membership of the city commission approves the motion to consider rescission, the motion to rescind shall be placed on the agenda of the next regular city commission meeting. If less than a majority of the city commission full membership votes in favor of the motion to consider rescission, no motion to rescind the previous action shall be considered by the city commission. If the motion to rescind is not heard within six (6) months of the original vote on the previous action, the reconsideration of the item shall lapse and the original vote on the previous action shall be effective.

(2)

Approval of a motion to rescind requires the affirmative vote of a majority of the full membership of the commission.

(3)

If a motion to rescind is approved, the city commission shall, at the same meeting, set a date certain for consideration of the previous action.

(4)

Notwithstanding anything stated above, a motion to rescind shall not be in order unless the city commission determines:

a.

Subsequent information has become known that (i) would have been material to the city commission's decision on the previous action and (ii) would have militated for a different result; or

b.

A rescission of the previous action is imperative to avoid a material cost, risk, harm, or other jeopardy to the city or its citizens, and the material cost, risk, harm, or other jeopardy could not have been known at the time of the city commission's previous action.

(Code 1972, § 2-6.1; Res. No. 84-189-D, § 3, 11-1-88; Res. No. 84-189-E, § 1, 5-23-89; Res. No. 84-189-G, § 1, 12-18-90; Ord. No. 297-95-A, § 1, 1-10-95; Ord. No. 402-95-F, § 1, 6-27-95; Ord. No. 297-95-B, § 1, 9-27-95; Ord. No. 402-96-B, § 1, 6-11-96; Ord. No. 297-03-A, § 1, 9-23-03; Ord. No. 297-07-A, § 1, 5-22-07; Ord. No. 298-07-B, § 1, 10-9-07; Ord. No. 297-12-A, § 3, 3-27-12; Ord. No. 297-13-A, § 3, 1-8-13; Ord. No. 297-13-B, § 2, 2-26-13; Ord. No. 297-13-C, § 2, 5-14-13; Ord. No. 297-13-D, § 2, 9-23-13, eff. 10-1-13; Ord. No. 297-13-E, § 2, 10-22-13, eff. 10-1-13; Ord. No. 297-15-A, § 2, 8-11-15; Ord. No. 297-15-B, § 2, 11-10-15)

State law reference

Open meetings law, F.S. § 286.001 et seq.