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HomeMy WebLinkAbout3-31-2020 SPECIAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large VICE MAYOR JAMES L.WOOD,Lynnhaven—District S p� JESSICA P.ABBOTT,Kempsville—District 2 \ MICHAEL F.BERLUCCHI,Rose Hall—District 3 BARBARA M.HENLEY,Princess Anne—District 7 4 LOUIS R.JONES,Bayside—District 4 JOHND.MOSS,At Large ., AARON R.ROUSE,At Inge °` °°. GUY K.TOWER,Beach—District 6 ROSEMARY WILSON,At Large CITY HALL BUILDING SABRINA D.WOOTEN,Centerville—District I 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757)385-4303 ACTING CITY MANAGER—THOMAS M.LEAHY FAX(757)385-5669 CITY ATTORNEY—MARK D.STILES CITY ASSESSOR—RONALD D.AGNOR CITY COUNCIL AGENDA E-MAIL:CITYCOUNCIL@vbgov.com CITY AUDITOR—LYNDONS.REMIAS SPECIAL MEETING CITY CLERK—AMANDA BARNES BY ELECTRONIC COMMUNICATION MEANS March 31,2020 MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS 6:00 PM in accordance with Virginia Code § 2.2-3708.2(A)(3) A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer 1. READING OF THE MAYOR'S CALL FOR SPECIAL MEETING B. ROLL CALL OF CITY COUl)TCIL C. ORDINANCES/RESOLUTIONS 1. Ordinance to CONFIRM the Declaration of a Local Emergency re COVID-19 Pandemic 2. Ordinance to ENSURE the Continuity of Government during the COVID-19 Pandemic 3. Resolution to APPROVE a City Council Policy re remote participation by Council Members in Council Meetings 4. Resolution to SUSPEND certain portions of the City Council Speaker Policy during the COVID-19 Pandemic D. CITY COUNCIL DISCUSSION -No Public Comment Will Be Taken 1. TAX RELIEF NECESSITATED BY THE COVID-19 PANDEMIC E. ADJOURNMENT oxj4IA BEAc�S fit - City of Virgiriia 1E3 ch 6y • Op OUR NAII°4 VBgov.com Robert M."Bobby"Dyer MUNICIPAL CENTER MAYOR March 26, 2020 BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VIRGINIA 23456-9000 (757)385-4581 CELL(757)749-4659 HONORABLE MEMBERS OF CITY COUNCIL bdyere, ov.co„ On March 12, 2020, Governor Northam declared a state of emergency due to COVID-19. Because of the catastrophic nature of the declared emergency, it is impracticable and unsafe to assemble a quorum of the City Council in a single location. In accordance with the Virginia Beach City Code Section 2-21 and Virginia Code § 2.2-3708.2(A)(3), and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS of the VIRGINIA BEACH CITY COUNCIL Tuesday,March 31, 2020 6:00 P.M. In accordance with Virginia Code § 2.2-3708.2(A)(3), this SPECIAL MEETING BY ELECTRONIC COMMUNICATION MEANS will be held virtually with Council Members participating via video/audio conference. The purpose of this Special Meeting is for the City Council to CONSIDER four (4) items to address the COVID-19 Pandemic emergency, as listed in detail in the Special Meeting by Electronic Communication Means Agenda. Also, there will be a City Council Discussion regarding Tax ReliefNecessitated by the COVID-19 Pandemic;although citizen comment will be taken regarding the four resolutions and ordinances, as discussed in the next paragraph, no citizen comments will be taken with respect to the Council discussion on tax relief This Special Meeting will be broadcast on cable, vbgov.com and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CitvCouncil@vbgov.com. Should a citizen wish to make comments during the Special Meeting, staff will attempt to facilitate real-time citizen participation in the Special Meeting for those citizens who register at https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e871f2421f8196abfb20bee4e6e94208f In addition to registration, any citizen wishing to make comments during the Special Meeting must also register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnes@a,vbgov.com prior to 5:30 p.m., March 31, 2020. Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office pGN1A BEiel cL w =51 �Vi v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to COVID- 19 MEETING DATE: March 31, 2020 ■ Background: On March 13, 2020, effective at 3:00 p.m., Acting City Manager Thomas M. Leahy issued a declaration of local emergency in response to the threat posed by COVID-19. The declaration authorizes City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach residents and visitors during the COVID-19 pandemic. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency. The attached ordinance confirms the declaration. • Public Information: This meeting will be conducted virtually in accordance with Virginia Code § 2.2-3708.2(A)(3). Citizens are encouraged to send their comments on this item to the City Council prior to the meeting via email at CityCouncilavbgov.com. • Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manager: /N-Z__ 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO COVID-19 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; and 7 8 WHEREAS, in response to the imminent threat posed by COVID-19, Acting City 9 Manager Thomas M. Leahy issued a Declaration of Local Emergency on March 13, 10 2020, effective at 3:00 p.m.; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 15 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 16 the Declaration of Local Emergency issued on March 13, 2020, a copy of which is 17 attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ilowicw114 ii-raf'403d City Manager's Office City Attorney's Office CA15037 R-1 March 16, 2020 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as Acting City Manager and Director of Emergency Management for the City of Virginia Beach find the imminent threat posed by COVID-19 to be of sufficient severity and magnitude to warrant coordinated local government action to better protect the health and safety of the City's residents and visitors. Therefore,pursuant to Code of Virginia § 44-146.21,as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning March 13, 2020 at 1500 hours. In accordance with this Declaration,the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out,all powers,duties,and functions prescribed by State and local laws,rules, regulations,and plans as may be necessary to adequately and appropriately respond to said Local Emergency. ,IAOMAdM / LX,i( Thomas M. Leahy, Acting City Manager& Director of Emergency Management -- / 3 -- 2c 20 (Date) W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Ensure Continuity of Government During the COVID-19 Disaster MEETING DATE: March 31, 2020 • Background: The City Manager has declared a local emergency in accordance with state and local law due to the COVID-19 Pandemic. The Governor has issued a declaration of emergency, and that declaration has characterized the COVID-19 Pandemic as a disaster. The Virginia Attorney General, by written opinion issued March 20, 2020, found the spread and effects of the COVID-19 virus constitute a disaster within the meaning of Virginia Code § 15.2-1413. That section allows localities to adopt an ordinance during a disaster for the continuity of government. • Considerations: The duration of the COVID-19 Pandemic is currently unknowable. The attached ordinance ensures continuity of government during this disaster. Consistent with Virginia Code § 15.2-1413, the ordinance does not extend beyond six months. This ordinance will enable further actions to be taken to best protect the health, safety, and welfare of the City of Virginia Beach. • Public Information: This meeting will be conducted virtually in accordance with § 2.2-3708.2(A)(3). Citizens are encouraged to send their comments on this item to the City Council prior to the meeting via email at CityCouncil(a�vbgov.com. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager: 7z_ 1 AN ORDINANCE TO ENSURE CONTINUITY OF 2 GOVERNMENT DURING THE COVID-19 DISASTER 3 4 WHEREAS, on March 12, 2020, the Governor of the Commonwealth of Virginia, 5 in Executive Order Number Fifty-One, declared in response to the COVID-19 public 6 health emergency a state of emergency and disaster within the Commonwealth of 7 Virginia, in accordance with Virginia Code § 44-146.16; 8 9 WHEREAS, on March 13, 2020, the City Manager, as Director of Emergency 10 Management, declared a local emergency; 11 12 WHEREAS, the impacts to public health, the City's economy, and the operation of 13 the City government are likely to be protracted and could last several months; 14 15 WHEREAS, there are actions which must be taken by the City in the next several 16 months which will, by law, require the action of the City Council but may not be conducted 17 in a physical setting because of the COVID-19 Pandemic; and 18 19 WHEREAS, Virginia Code§ 15.2-1413 provides that"notwithstanding any contrary 20 provision of law, general or special, any locality, may, by ordinance, provide a method to 21 assure continuity in its government, in the event of an enemy attack or other disaster. 22 Such ordinance shall be limited in its effect to a period not exceeding six months after any 23 such enemy attack or disaster and shall provide for a method of resumption of normal 24 governmental authority by the end of the six-month period"; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council finds the impacts of the COVID-19 Pandemic is a disaster for 30 purposes of§ 15.2-1413 of the Code of Virginia. 31 32 2. The City Council will meet in person when practicable, but because of the 33 possible exposure of meeting participants to the COVID-19 virus, the Council 34 may meet electronically, subject to the following restrictions. Such electronic 35 meetings must be conducted in accordance with Virginia Code § 2.2- 36 3708.2(A)(3), and the subject of such meetings may be only matters related to 37 the emergency or where a failure to act by the Council would result in 38 irrevocable public harm. Whether any particular action by the Council fits within 39 the description in the preceding sentence and the Virginia Code requirements 40 is a fact-specific determination to be made in consultation with the City 41 Attorney. Notices for such meetings shall be made on the City's website. 42 Meetings shall be conducted in a format that enables citizens to both observe 43 and, if practicable, participate in such meetings electronically. 44 45 3. Other City boards and commissions may meet electronically as necessary, but 46 any such meeting shall be subject to the restrictions set forth in Virginia Code 47 § 2.2-3708.2(A)(3) and in Section 2, supra. 48 49 4. The Council directs that any City meeting—other than meetings of public 50 bodies, which are addressed above—be held electronically in lieu of physical 51 gatherings if feasible. Public bid openings required by the Virginia Public 52 Procurement Act shall be held telephonically or electronically. Instructions on 53 how to participate shall be distributed prior to the start of any such meeting or 54 bid opening. 55 56 5. The provisions of this ordinance shall expire upon declaration by the Governor 57 that the emergency in the Commonwealth is ended, or on September 30, 2020, 58 whichever is earlier. 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j/110(44 ei4) )1/ 44 /Z-7 /40`s‘ Office of the City Manager City Attorney's Office CA 15043 R-1 March 24, 2020 [ 1 "u M HST ill -t4yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting a Policy for Remote Participation by Councilmembers in Council Meetings MEETING DATE: March 31, 2020 • Background: The Virginia Freedom of Information Act("FOIA")authorizes the City Council to adopt a policy to allow remote participation by one or more councilmembers in City Council meetings, so long as a quorum of the Council is physically assembled at the meeting location. The policy would authorize a member to participate in the meeting from a remote location if: (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance ("medical reason"); or (2) the member is unable to attend due to a personal matter, and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to twice per year. The policy requires that arrangements be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason the member is unable to attend the meeting and the remote location from which the member participates would be recorded in the meeting minutes. If the reason for the remote participation is for a medical reason, the minutes would include a statement that a temporary or permanent disability or other medical condition prevented the member's physical appearance at the primary meeting location. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. • Considerations: This resolution adopts the Policy for Remote Participation by Councilmembers in Council Meetings. Adoption of this resolution is necessary to address the COVID-19 public health emergency because it will enable councilmembers who meet the Centers for Disease Control and Prevention's "at risk" criteria and thus need the ability to participate in meetings remotely to do so. A different FOIA provision authorizes virtual meetings, with no quorum physically assembled, when the Governor has declared a state of emergency, but those meetings are limited to consideration of actions and agenda items to address the emergency. Adoption of this policy would allow councilmembers to remotely participate in a regular Council meeting during which agenda items that are not directly tied to the emergency could be considered. • Public Information: This meeting will be conducted virtually in accordance with Virginia Code § 2.2-3708.2(A)(3). Citizens are encouraged to send their comments on this item to the City Council prior to the meeting via email at CityCouncil@vbgov.com. • Attachments: Resolution and Policy. Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION ADOPTING A POLICY FOR REMOTE 2 PARTICIPATION BY COUNCILMEMBERS IN COUNCIL 3 MEETINGS 4 5 WHEREAS, the City Manager has declared a local emergency in response to the 6 COVID-19 Pandemic; 7 8 WHEREAS, the Centers for Disease Control and Prevention ("CDC") has issued 9 guidance that identifies persons as "at risk", including persons age 65 and older and 10 persons of any age with heart disease, diabetes, lung disease, asthma, or other 11 specified conditions, and this list may be revised as more is learned about the novel 12 coronavirus; 13 14 WEHREAS, the Virginia Freedom of Information Act ("FOIA") authorizes public 15 bodies such as the City Council to adopt a policy to authorize remote participation by 16 one or more councilmembers in City Council meetings, so long as a quorum of the City 17 Council is physically assembled at the primary meeting location; 18 19 WHEREAS, among other things, adoption of such a policy would enable 20 councilmembers who meet the CDC's "at risk" criteria or are otherwise unable to attend 21 a Council meeting due to a temporary or permanent disability or other medical condition 22 that prevents the member's physical attendance to participate remotely in the Council 23 meeting; and 24 25 WHEREAS, adoption of the attached remote participation policy is needed to 26 enable all Councilmembers to participate in Council meetings while enabling members 27 who are at risk to heed the CDC's guidance and participate in meetings remotely; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 In order to address the COVID-19 emergency, the City Council hereby adopts the 33 attached Policy for Remote Participation by Councilmembers in Council Meetings. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia on the 36 day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - CA1504 R-1 March 24, 2020 ra4 s $1,, a .; .s CityCouncil PolicyU � Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption: Dates of Revisions: Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to enable members of City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code §2.2-3708.2 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Mayor and Clerk on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance("medical reason"); or(2)the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year. 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location in order to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is for a medical reason, the minutes shall include a statement that a temporary or permanent disability or other medical condition prevented the member's physical appearance at the primary meeting location. While the fact that a disability or medical condition prevents the member's physical attendance must be recorded in the minutes, it is not required to identify the specific disability or medical condition. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Adoption: Dates of Revisions: Page 2 of 2 participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 1 efilt[ 'o ge4 y. jit a. i `V.v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Suspend Certain Portions of the City Council Speaker Policy During the COVID-19 Pandemic MEETING DATE: March 31, 2020 • Background: After the issuance by the Governor of Executive Order 53, gatherings of more than 10 persons have been prohibited. There are exclusions in the Executive Order, including one for the operation of government. As an elected body with eleven members, the City Council would exceed the 10-person limit by gathering its membership. The City Council desires to suspend certain portions of the City Council Speaker Policy to allow the Council to balance public participation and the need for social distancing during the COVID-19 Pandemic. • Considerations: Although Executive Order 53 does not limit the operation of government, the attached resolution seeks to facilitate limited participation in those instances during the COVID-19 Pandemic when the Council is able to have an in- person meeting. • Public Information: This meeting will be conducted virtually in accordance with Virginia Code § 2.2-3708.2(A)(3). Citizens are encouraged to send their comments on this item to the City Council prior to the meeting via email at CityCouncil(a�vbgov.com. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; City Council Speaker Policy Recommended Action: Approval Submitting Department: Office of the City Manager City Manager: 1 A RESOLUTION TO SUSPEND CERTAIN PORTIONS OF 2 THE CITY COUNCIL SPEAKER POLICY DURING THE 3 COVID-19 PANDEMIC 4 5 WHEREAS, the City Manager has declared a local emergency during the current 6 COVID-19 Pandemic (the "Local Emergency"); 7 8 WHEREAS, the President and the Governor have provided guidance that 9 gatherings should be limited to 10 persons or less, and the Governor has issued 10 Executive Order 53 prohibiting public or private gatherings of 10 persons or more; 11 12 WHEREAS, the City Council has adopted a speaker policy (the "City Council 13 Speaker Policy")to provide guidance for public input during City Council Formal Meetings, 14 and a copy of the current policy is attached hereto; 15 16 WHEREAS, the City Council values the input of the public and, during the Local 17 Emergency, is exploring possibilities for public input without the physical gathering of 18 persons in the City Council Chambers; and 19 20 WHEREAS, the City Council desires to amend its City Council Speaker Policy for 21 the duration of the Local Emergency in furtherance of the Council's exercise of powers 22 pertinent to health, peace, and good order; 23 24 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA THAT: 26 27 1. For the duration of the Local Emergency, the City Council enacts the following 28 temporary changes to the City Council Speaker Policy: 29 a. Section 2.2 Regular Agenda Items is suspended; 30 b. Section 2.3 Comment on Non-Agenda Items is suspended. 31 32 2. Nothing herein shall be construed as denying participation in a public hearing when 33 state or federal law requires the opportunity of persons to address the Council such 34 as the consideration of planning items, the budget and related revenue ordinances, 35 authorization of bonds, lease or sale of City property, and the authorization of 36 franchises. 37 38 3. The City Council urges residents to provide written comments to the City Clerk in 39 lieu of being present at a public hearing. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. it APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15040 R-2 March 24, 2020 ,01Nu'•BE,40 z. iy S City Council Policy Title: Time Limits for Speakers at City Council Meetings Date of Adoption:March 11,2003 Dates of Revisions:September 14,2004 Page 1 of 3 March 27,2007 February 12,2008 March 24,2009 1.0 Purpose and Need The purpose of this policy is to provide reasonable,workable time limits for speakers at City Council meetings.The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b)The applicant, or representative of the applicant(generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant(as,for example,when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak,only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2)Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. (1)Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection(d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non- televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed three(3) minutes. (c) No more than three (3) speakers may speak on the same non-agenda topic at the same meeting. The first three(3) speakers who register with the City Clerk will be called to speak. (d) If more than three(3)speakers request an opportunity to speak on the same non-agenda topic, the City Clerk shall deny the request and advise those persons of the limits contained in this policy. The City Clerk shall also advise such persons that comments may be submitted at writing at any time for distribution to City Council and that citizens are welcome to contact the City Clerk's Office to register in advance to speak at the following month's meeting. 3.0 Timekeeping; Written Material (a)The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so. Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11,2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27,2007 February 12,2008 March 24,2009 4.0 Modification of Time Limits (a)The presiding officer,with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking. 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting.