R-2014-39 CITY OF CLERMONT
RESOLUTION NO. 2014-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING
PROCEDURES RELATED TO THE PUBLIC RIGHT TO BE
HEARD AT MEETINGS AT WHICH OFFICIAL ACTION IS
TAKEN BY THE COUNCIL OR ANY APPOINTED BOARD OR
COMMISSION OF THE CITY; PROVIDING FOR CONFLICT
AND AN EFFECTIVE DATE.
WHEREAS, the City Council is dedicated to ensuring that all members of the
public are provided a fair and reasonable opportunity to comment at public meetings on
issues related and relevant to any City matter upon which the Council or City board or
commission takes official action;
WHEREAS, Section 286.0114, Florida Statutes, provides that the general public
shall be given a fair and reasonable opportunity to be heard on any proposition before a
board or commission;
WHEREAS, Section 286.0114, Florida Statutes, further provides that a City may
adopt rules or polices to ensure public participation and, once adopted, the City's
following of such policies shall be deemed compliance with the law;
WHEREAS, the City Council finds it is in the best interest of the citizens of the
City of Clermont that rules and procedures preserving the public's right to be heard shall
be adopted.
BE IT RESOLVED by the City Council of the City of Clermont, Lake County, Florida,
as follows:
SECTION 1. PUBLIC'S RIGHT TO BE HEARD
Members of the public shall be given a reasonable opportunity to be heard on a
proposition before the City Council or any appointed City board or commission. The
opportunity to be heard need not occur at the same meeting at which the Council, board
or commission takes official action on the proposition if the opportunity occurs at a
meeting that is during the decision making process and is within reasonable proximity in
time before the meeting at which the Council, board or commission takes the official
action. This section does not prohibit the Council,board or commission from maintaining
orderly conduct or proper decorum in a public meeting.
SECTION 2. RULES RELATED TO PUBLIC'S RIGHT TO BE HEARD
In addition to any other reasonable restnctions that may be imposed by the Mayor or
presiding member of the Council, board or commission to ensure decorum, good conduct
and efficiency, the following shall apply to all public meetings:
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(a) Prior to the consideration of any action items contained on the Consent
Agenda portion of the agenda, if applicable, the Mayor or presiding member shall
publicly read a notice substantially advising the public of the following:
The next portion of the meeting is the consent agenda
which contains items that have been determined to be
routine and non-controversial. If anyone in the audience
wishes to address a particular item on the consent agenda,
now is the opportunity for you to do so. Additionally, if
staff or members of the City Council wish to speak on a
consent item, they have the same opportunity.
(b) For items listed on the agenda, each speaker will be permitted five (5)
minutes to address the Council, board or commission. For non-agenda items, each
speaker will be permitted three (3) minutes to address the Council, board or commission.
These time limits may be extended by the Mayor or presiding member.
SECTION 3. EXEMPTIONS
The requirements in Section 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 Council,board or commission to act:
(b) An official act involving no more than a ministerial act, including,but not
limited to, approval of minutes and ceremonial proclamations;
(c)A meeting that is exempt from Florida Statute Sec. 286.011; or
(d)A meeting during which the Council,board or 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.
SECTION 4.
All resolutions or policies of the City in conflict herewith are hereby repealed to the
extent of the conflict.
SECTION 5.
This resolution shall take effect immediately upon its adoption.
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,;_„�'0,'':r '.,�t` PASSED AND ADOPTED this 12th day of November, 2014.
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,1•,,,;i4,;' '}',,,,,t, ,,L ' City of Clermont
,,,,,,,,,4 1,°_,,,,,, '4, 441,, t 4111 1140
r; ;''ti, ,'. .rold S. Turville, Jr., Mayor
, `'4'� ,'1' ''+,,Attest:
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Qa'�� l 5iCt4ife
City Clerk, Tracy Ackroyd
Approved as to form and legality:
Daniel F`�J j---, • s ey