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Resolution 2014-01RESOLUTION NO. 2014 -01 A RESOLUTION OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT CREATING RULES OF PROCEDURE FOR MEETINGS OF THE BOARD OF SUPERVISORS INCLUDING RULES FOR PUBLIC PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE RECITALS A. The Board of Supervisors of Port of the Islands Community Improvement District (the "Board ") recognizes that a proper and legitimate public purpose is served when members of the public have a reasonable opportunity to be heard on any proposition under consideration for action by the Board. B. The Board also recognizes the need for orderly and efficient conduct of the meetings of the Board. C. These Rules of Procedure for Meetings of the Board of Supervisors are adopted to ensure the goals of orderly and efficient meetings are realized while protecting the public purpose served by dialogue with constituents affected by the decisions of the Board. NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. Rules of Procedure for Meetings of the Board of Supervisors attached as Exhibit "A" are hereby adopted. Section 2. It is the intention of the District Board and it is hereby ordained that the provisions of the Rules of Procedure shall become and be made a part of the Port of the Islands Community Improvement District Rules. Section 3. If any word, phrase, clause, sentence or section of this Resolution is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this Resolution. Section 4. That this Resolution shall be in full force and effect immediately upon its passage and adoption. RULES OF PROCEDURE Section 190.011(5), Florida Statutes, grants the Board of Supervisors the authority to adopt rules and orders pursuant to the provisions of Chapter 120 prescribing the conduct of the business of the District. The set of rules set forth within this Article shall be in effect upon their adoption by the Board and until such time as they are amended or new rules adopted. These rules are for the purpose of guidance to assist in the orderly conduct of the meeting; no action of the Board shall be deemed void or invalid by virtue of the Board's failure to follow these rules. 1. General Rules (a) Meetings to be Public: All meetings of the Board shall be open to the public, except as otherwise provided by law. (b) Quorum: A majority of the members of the Board shall constitute a quorum and is necessary for the transaction of business. If a quorum is not present, those in attendance may continue the meeting to another date. (c) District Manager: The District Manager or his/her designee shall attend all meetings of the Board unless excused. The District Manager may make recommendations to the Board and shall have the right to take part in all discussions of the Board, but shall have no vote. The District Manager or his/her designee shall keep the official journal (minutes) and perform such other duties as may be requested. (d) District Attorney: The District Attorney or his/her designee shall attend all meetings of the Board as needed and shall, upon request, give an opinion, either written or oral, on questions of law. The District Attorney shall act as the Board's parliamentarian. (e) District Engineer: The District Engineer or his/her designee shall attend all meetings of the Board as needed and shall provide recommendations for maintenance, renewal or replacement of capital improvements based on his observations during the interval between meetings. (f) Contract Operator: The operator shall attend all meetings of the Board unless excused and shall provide a report to the Board of all operational issues that arose during the interval between meetings. 2. Types of Meetings (a) Regular Meeting: The regular Board meetings are to commence 10:00 a.m., on the dates specified in the meeting schedule adopted by the Board annually. (b) Special Meetings: Special meetings may be called by the Chairman or by a majority of the members of the Board at a public meeting. Absent emergency conditions, no special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto unless 4/5 of the District Board approves adding an additional item. (c) Continued Meetings: Any meeting of the Board may be continued to a later date and time at any location specified in the Motion for Continuance. (d) Workshop Meetings: The Board may meet informally in workshop meetings (open to the public), at the call of the Chairman or a majority of the Board at a public meeting. No resolutions or other actions may be adopted at such meeting provided that the Board may direct staff to take actions that do not entail the immediate expenditure of District funds not included in the District's Budget. (e) Emergency Meetings: Emergency meetings may be held on the call of the District Manager or the Chairman whenever there is a public emergency affecting life, health, property or the public peace, and whenever practicable, upon no less than twenty four (24) hours' notice to each Supervisor and the public. (f) Telephonic Participation: If a quorum of the Board is physically present, other members of the Board may participate via telephone, provided they can be heard on the record and they can hear the other members of the Board and the participating public. 3. Chairman and Duties (a) Chairman: The Chairman, if present, shall preside at all meetings of the Board. In the absence of the Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and the Vice Chairman, the Board shall select a Chairman. (b) Call to Order: The meetings of the Board shall be called to order by the Chairman. (c) Preservation of Order: The Chairman shall preserve order and decorum; prevent attacks on personalities or the impugning of members' motives; and confine members in debate to the question under discussion. (d) Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Board. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sustained ?" A majority of the Board may overrule the Chairman. 2 (e) Vote: All Resolutions shall require only a voice vote; the Chairman may close a Public Hearing without a vote if there is no objection. 4. Order of Business and Agenda (a) Order of Business: Unless changed by the Board of Supervisors, the general rule as to the order of business in regular meetings shall be substantially as follows: • Call to Order and Roll Call • Public Comments on Agenda Items • Approval of Minutes • Board Action on Agenda Items before It or Added to the Agenda • Staff Reports • Comments or Requests by Chairman and Board of Supervisors • Public Comments or Requests for Future Action Items • Adjournment (b) Agenda: The order of business of each meeting shall be as contained in the agenda prepared under the direction of the District Manager. The agenda shall be a listing by topic or subject to be considered by the Board, and shall be delivered to members of the Board prior to the meeting. (c) Presentation by Members of Board: The agenda shall provide a time when the Chairman or any Supervisor may bring before the Board any business that he /she feels should be deliberated upon by the Board. These matters need not be specifically listed on the agenda. 5. Resolutions and Motions (a) Form: Resolutions shall be presented to the Board only in printed or typewritten form. (b) Reading by Title Only Upon being introduced, each proposed Resolution shall be read by title only, unless any member of the Board requests a full reading of the Resolution. (c) Tie Vote: In the event of a tie in votes on any motion, the motion shall be considered lost. (d) Privilege of Closing Debate: Any Supervisor may move to close debate and call the question on the motion being considered which shall be non - debatable. The Supervisor moving the adoption of a Resolution or motion shall have the privilege of closing the debate. 3 (e) Requests for Resolutions or Legate 1 Opinions: Any member of the District Board may request the District Manager or District Attorney to have prepared proposed Resolutions with such Resolutions to be placed on the agenda of the next scheduled Board meeting, provided the Resolution can be drafted and distributed to members of the Board in said period of time. Members of the Board may request written legal opinions relating to District business, from the District Attorney by majority vote at any meeting. Any member of the Board may, for purposes of inquiry, request verbal opinion or advice on District legal matters directly from the District Attorney. (f) Motion to Reconsider: An action of the Board may be reconsidered only at the same meeting at which the action was taken. A motion to reconsider may be made only by a Supervisor who voted on the prevailing side of the question and must be concurred on by a majority of those present at the meeting. Adoption of a motion to reconsider shall rescind the action reconsidered. 6. Citizen's Rights (a) Right to be Heard: Members of the public shall be given a reasonable opportunity to be heard on each agenda item except as provided for below. Public input shall be limited to three (3) minutes with the Chair having the option to allow an additional minute. This right does not apply to: 1. 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 Board to act; 2. An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; 3. A meeting that is exempt from Florida's statutory open meeting requirements; or 4. A meeting during which the Board 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. (b) Manner of Addressing the Board: Each person addressing the Board shall step forward, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Board, shall limit his/her address to three (3) minutes with the Chair having the right to extend an additional minute of time. All remarks shall be addressed to the Board as a body, and not to any member thereof. (c) Personal and Slanderous Remarks: Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Board may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the Board at the meeting from which ejected. 7. Public to be Heard At the beginning and conclusion of the meeting the Chair shall offer the public the opportunity to speak on any non - agenda item relative to the business of the District for up to three (3) minutes (with the right of the Chair to extend an additional minute). 8. Suspension and Amendment of These Rules (a) Suspension of These Rules: Any provision of these rules not governed by the District Charter or District Code may be temporarily suspended by a vote of a majority of the Board. (b) Amendment of These Rules: These rules may be amended, or new rules adopted by Resolution. (c) Effect of Variance from Rules: The failure to follow these Rules of Procedure shall not be grounds for invalidating any otherwise lawful act of the Board. W