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HomeMy WebLinkAbout2018 12 10 Regular 501 Commission Rules and ProceduresCOMMISSION AGENDA ITEM 501 Informational Consent Public Hearings Regular X December 10, 2018 KS Regular Meeting City Manager Department REQUEST: At the previous request of the City Commission, the City Attorney and City Manager recommend that the City Commission consider one specific provision of the City Commission Rules and Procedures which is codified in Section 2-27 (m)(2), City Code, and provide whatever direction the City Commission deems appropriate. SYNOPSIS: Section 4.13(b) of the City Charter expressly authorizes the City Commission to determine its own rules and order of business. Such rules must be consistent with other applicable laws. The City Commission's current rules and procedures are set forth in Section 2-27 of the City Code. At the September 10, 2018 City Commission meeting, the City Commission directed that the City Attorney and City Manager prepare and present an Agenda Item related to discussing Section 2-27(m)(2) of the Rules and Procedures related to City Commission Reports and the procedure for the Mayor and each Commissioner to place initiatives on a City Commission agenda for consideration. CONSIDERATIONS: 1. Section 4.13(b) of the City Charter expressly authorizes the City Commission to determine its own rules and order of business. 2. The City Commission's current Rules and Procedures are codified in Section 2-27 of the City Code. 3. At the September 10, 2018 City Commission meeting, the City Commission briefly discussed the current City Commission rule and procedure for the Mayor and each Regular 501 PAGE 1 OF 3 - December 10, 2018 Commissioner to place a major initiative on a future City Commission agenda for consideration. Following the discussion, the City Commission directed that an Agenda Item be presented to the City Commission in the future to discuss Section 2-27(m)(2) of the Rules and Procedures. 4. Section 2-27 (m) of the Rules and Procedures generally pertains to the procedure for handling Reports at the conclusion of each City Commission meeting. In order to understand the complete context of subsection (m)(2), which the City Commission directed be placed on this Agenda for discussion, it is helpful to state Section 2-27(m) in its entirety, as follows: (m) Reports. At the conclusion of each city commission meeting prior to any additional delegations portion of the city commission meeting, the agenda will set aside a time period for reports subject to the following protocol: (1) During reports, the mayor and each commissioner shall be afforded an opportunity to report on various committees and groups on which they represent the city, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the city commission take final action on major initiatives and/or initiatives that would ordinarily require significant city staff research before final action is taken by the city commission. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports, but may, at its discretion and by majorityplace such initiative on a subsequent city commission agenda for consideration. (3) The city manager, city attorney, and city clerk shall also be afforded a brief opportunity to report on information and various matters requiring the city commission's attention and to also present pending miscellaneous matters requiring expedient direction from the city commission prior to the next regularly scheduled city commission meeting. (4) Unless otherwise approved by a majority vote of the city commission, each commissioner and the mayor shall be given a maximum of five (5) minutes to speak under reports. (5) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meeting. Such information shall be provided through the city clerk's or city manager's office for distribution to the mayor and city commission in a manner similar to the distribution of agenda packets, except that the city attorney may distribute attorney-client privileged work product directly to the city manager, mayor and city commissioners to the extent necessary to protect such privilege. Further, to the extent that certain information must be distributed by the city manager that is deemed confidential or exempt from public disclosure by law, such information may be distributed directly to the mayor, city commissioners, and city attorney to the extent necessary to protect such Regular 501 PAGE 2 OF 3 - December 10, 2018 exemption or confidentiality. At the meeting, the reporting individual can present or refer to the background information in support of their report item. (6) Reporting individuals may also present their report items in writing to be distributed at the meeting. (underlined emphasis denotes subsection referenced by the City Commission on September 10, 2018) 5. Amendments to the City Commission Rules and Procedures codified in the City Code require that the City Commission adopt an Ordinance by majority vote. Ordinances require two readings and one advertised public hearing prior to final adoption. 6. The City Commission should review this Agenda Item and provide whatever direction the City Commission deems appropriate. FISCAL IMPACT: There is no direct fiscal impact related to this Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission consider the subject matter presented in this Agenda Item and provide whatever direction the City Commission deems appropriate. ATTACHMENTS: Relevant Excerpt of City Commission Minutes, September 10, 2018 - (Please refer to highlighted text for the most applicable information) Regular 501 PAGE 3 OF 3 - December 10, 2018 CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 13 OF 17 Next, Deputy Mayor Kendrick also mentioned that the recent Florida League of Cities Annual Conference was a great learning opportunity that offered many benefits for the municipal attendees. Deputy Mayor Kendrick then recognized Mr. Fields and the Community Development Department for assisting swiftly with a matter that was of concern to some citizens. Lastly, Deputy Mayor Kendrick complimented Mr. Shawn Boyle, Director, Finance and Administrative Services Department, Ms. Balagia, and the Finance and Administrative Services Department; then commented, "You set the mark high for the rest of, quite frankly, Central Florida and the entire State to emulate. Our Finance Department is the best." REPORTS 608. Office of the Mayor - The Honorable Charles Lacey No Report was given. PUBLIC INPUT Mayor Lacey opened "Public Input". Ms. Joanne M. Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked about the Petition Initiative that Commissioner Cannon filed and noted her disappointment, mentioned her attendance at past City Meetings, her service on City Boards, and pointed out that previous City Commission Meetings ran very long. Ms. Krebs suggested that the City Commission might want to consider changing City Commission Meeting start times, spoke of the last City Commission Meeting start time change, and said that even with the change in previous later starting times, attendance was not much better. Lastly, Ms. Krebs asked where her "Free Little Library" was. Mayor Lacey stated, "We will look into it." Mr. Caldwell said he would get with Ms. Krebs. Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: agreed with Ms. Krebs' comments about a later City Commission Meeting start time so all residents could attend these meetings. Mayor Lacey closed "Public Input". Commissioner Greenberg mentioned his interest in possibly changing the City Commission start time to 6:30 p.m. and suggested an Agenda Item related to this could be included on the next Agenda. Next, Commissioner Cannon agreed and said that as he had asked before, he hoped the start time of City Commission meetings would be changed to begin later. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 14 OF 17 Commissioner Greenberg mentioned he thought the Petition Initiative might result in some incorrect information, and thought it would be wrong to spend thousands of dollars on a Special Election to handle the points noted in the Petition Initiative. Next, Commissioner Hays noted that he was in favor of also considering a change. Commissioner Cannon then referenced the other part of his Petition Initiative which related to one (1) Commissioner being able to have a matter added to a Commission Agenda. Further discussion ensued on concerns with adding items onto future Agendas, City Commission meeting start times should be handled first before other changes are considered, that rules are in place for a reason, and that the United States' Congress has rules to follow. Mayor Lacey then spoke on the "proposed" Agenda that is published, and that the City Commission's first order of business is to approve the Agenda. Comments followed on advising the public as to what is on an Agenda, and possible Agenda Items on future City Commission Agendas. RELATED TO SECTION 2-27., "CONSIDERATION OF CHANGING THE MEETING TIME AND ELIMINATION OF THE THREE (3) COMMISSIONER REQUIREMENT FOR ANY ELECTED OFFICIAL TO GET SOMETHING ON AN AGENDA." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HAYS. DISCUSSION COMMISSIONER HOVEY ASKED TO SEE THE FULL RULES AND PROCEDURES DOCUMENT AND SUGGESTED THAT REGARDING THE TWO (2) ISSUES REFERENCED BY COMMISSIONER CANNON, "I THINK IT SHOULD BE TWO (2) DIFFERENT MOTIONS; AND WE TAKE CARE OF ONE (1) AND THEN WE ADDRESS THE OTHER ONE AT A FUTURE DATE." DEPUTY MAYOR KENDRICK STATED, "AGREED. I JUST WANT TO ECHO COMMISSIONER HOVEY'S RESPONSE. I COMPLETELY AGREE WITH IT." COMMISSIONER HAYS ALSO AGREED AND STATED, "TWO (2) ISSUES." COPIES OF ORDINANCE 2016-09 WERE DISTRIBUTED TO THE CITY COMMISSION. COMMISSIONER GREENBERG NOTED HE WAS INTERESTED IN LOOKING INTO CHANGING THE CITY COMMISSION MEETING START TIME, SPOKE OF HIS CONCERN WITH STAFFING, AND HOPED THE RAMIFICATIONS AND ASSOCIATED COSTS COULD BE PROVIDED TO THE CITY COMMISSION. CONTINUING, COMMISSIONER GREENBERG SAID HE HAD NOT HAD ANYONE SPEAK TO HIM ABOUT A COMMISSIONER ADDING AN ITEM TO AN AGENDA." COMMISSIONER GREENBERG ADDED THAT HE WOULD LIKE TO KNOW "THE DOLLARS ASSOCIATED WITH IT." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 15 OF 17 MAYOR LACEY THEN SPOKE OF THE MOTION ON THE FLOOR. "I WILL AMEND MY MOTION ON THE TABLE TO SPECIFY THAT WE PLACE ON A FUTURE AGENDA, CONSIDERATION OF MODIFICATION OF — 2-27., SPECIFICALLY AS IT RELATES TO THE MEETING TIME TO BEGIN AT 6:30 RATHER THAN 5:15 - SECTION 2-27. (k)." MAYOR LACEY NOTED, "WE HAVE A MOTION TO AMEND THE MOTION. TO EXPEDITE IT, I WOULD SEEK UNANIMOUS CONSENT TO ACCEPT THE AMENDMENT TO THE MOTION." DEPUTY MAYOR KENDRICK AND COMMISSIONER HAYS STATED, "AGREED." MAYOR LACEY THEN REMARKED, "IS THERE ANY OBJECTION TO ACCEPTING COMMISSIONER CANNON'S AMENDMENT TO THE MOTION?" NO OBJECTIONS WERE VOICED. COMMISSIONER HOVEY ALSO MENTIONED THERE WAS AN 8:30 P.M. MEETING END TIME AND INQUIRED HOW WOULD THAT BE HANDLED IF THE START TIME WERE CHANGED. MAYOR LACEY SUGGESTED, "I THINK IT WOULD BE A SUBJECT FOR DEBATE AND CONSIDERATION WHEN IT COMES BACK ON THE AGENDA." CONTINUING, MAYOR LACEY POINTED OUT, "SO, IF THERE IS NO OBJECTION THAT THE ORIGINAL MOTION STANDS AMENDED TO RESTRICT ITS' SCOPE TO THE MEETING TIMES ONLY. NOW, WE HAVE THAT MOTION ON THE TABLE IN FRONT OF US. IS THERE DISCUSSION ON THAT AMENDED MOTION? OKAY. NO DISCUSSION. SECOND FROM COMMISSIONER GREENBERG." VOTE: (ON THE MOTION AS AMENDED) COMMISSIONER HAYS: AYE COMMISSIONER GREENBERG: AYE DEPUTY MAYOR KENDRICK: AYE COMMISSIONER CANNON: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Manager Smith noted, "I am bringing back an Agenda Item at the next Meeting or whenever... Mayor Lacey said, "...The sooner the better, but according to your discretion based upon other business that you need to schedule for the Commission..." Commissioner Greenberg remarked, "...And the costs associated with." Manager Smith added, "The subject of that Agenda Item is a discussion on potentially changing the start time of your Commission meetings and all of the factors that I would deem that would -be germane to that discussion..." Commissioner Greenberg added "Including an end time." Mayor Lacey remarked, "I agree with the City Manager's summary of it, of the duties that fall to you." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 16 OF 17 "I HAVE A SEPARATE MOTION TO MAKE — THAT WE PLACE ON A FUTURE AGENDA, A CONSIDERATION OF REVISING - 2-27 (k) (2), - WHICH PRESENTLY REQUIRES A MAJORITY VOTE OF THE COMMISSION TO PLACE AN INITIATIVE ON A SUBSEQUENT CITY COMMISSION AGENDA FOR CONSIDERATION." MOTION BY COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. COMMISSIONER HOVEY SAID TO COMMISSIONER CANNON, "IT IS OKAY IF IT IS DOWN THE ROAD A COUPLE OF MEETINGS?" COMMISSIONER CANNON SAID, "ABSOLUTELY." WITH FURTHER COMMENTS, COMMISSIONER CANNON NOTED, "IT IS WITHIN THE DISCRETION OF THE - CITY MANAGER." DISCUSSION ENSUED ON PAST AGENDA PRACTICES, PREVIOUS CHANGES TO COMMISSION AGENDAS. COMMISSIONER CANNON COMPLIMENTED MANAGER SMITH ON HOW HE PUTS THE CITY COMMISSION AGENDA TOGETHER. DISCUSSION. MAYOR LACEY SAID, "THE MOTION ON THE TABLE IS TO RECONSIDER 2-27 (k) (2). I WOULD ASK FOR UNANIMOUS CONSENT BASED UPON THE CONVERSATION HERE THAT THE MOTION BE AMENDED TO SAY, `TO PUT IT INTO A SECOND PHASE OF CONSIDERATION SO IT FOLLOWS SEPARATELY FROM THE AGENDA CONSIDERATION THAT WE JUST HAD PRIOR TO THIS, RELATED TO MEETING START TIME.' DO I HAVE ANY OBJECTION TO THAT?" VOTE: COMMISSIONER GREENBERG: NAY COMMISSIONER CANNON: AYE DEPUTY MAYOR KENDRICK: NAY COMMISSIONER HOVEY: AYE COMMISSIONER HAYS: AYE MOTION CARRIED. Summarizing, Manager Smith said, "This is an item that would be separate and distinct than the previous start time item..." Mayor Lacey remarked, "...Absolutely." Comments followed that both issues just discussed would be separate Agenda Items, staggered on different future Agendas. The City Clerk was asked to email Ordinance 2016-09 to the Mayor and City Commission. RELATED TO ORDINANCE 2016-09, COMMISSIONER CANNON REFERENCED THE BOTTOM OF Page 4 AND NOTED (m) (2), NOT (k) (2). COMMISSIONER CANNON THEN SUGGESTED, "CAN WE BY UNANIMOUS CONSENT JUST MODIFY THAT IT IS (m) (2), NOT (k)." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 10, 2018 PAGE 17 OF 17 MAYOR LACEY ASKED THE CITY COMMISSION, "ANY OBJECTION TO MODIFYING THE PREVIOUS MOTION TO MAKE A CLERICAL CORRECTION TO (k) (2) TO (m) (2)." DEPUTY MAYOR KENDRICK REMARKED, "NO OBJECTION." NO OBJECTIONS WERE NOTED. ADJOURNMENT Mayor Lacey adjourned the Regular Meeting at 6:22 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE: These Minutes were approved at the 1 2018 City Commission Regular Meeting.