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HomeMy WebLinkAbout2006 04 24 Regular Item 308 Agenda Add-ons Discussion COMMISSION AGENDA ITEM 308 Public Hearing Regular X Consent Informational April 24. 2006 Regular Meeting Mgr. /Dept. Authorization REQUEST: Commissioner Joanne M. Krebs requests that the City Commission discuss Agenda Item ADD-aN's and agenda items or portions of agenda items not being available until a later date. PURPOSE: This agenda item is needed to discuss what policies have been set up, and how ADD-ON's and late additions or changes to an Agenda affect the City Commission, staff, and the general public. CONSIDERATIONS: In previous Commission meetings, the issue of late Agenda packets, and ADD- ON's has come up on numerous occasions. City of Winter Springs' Resolution 2003-06 states the following: Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted for City Commission meetings: CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 REGULAR AGENDA ITEM 308 PAGE 2 OF 4 A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute any add-on agenda item(s) after Wednesday at 5:00 p.m. This provision in Resolution 2003-06 was included to assist the City Commission with enough time to review their Agenda packet prior to a Commission meeting, so that we can review the information provided; perhaps ask for additional information, so that we can make educated votes on matters that affect the City and the citizens who entrust us to make the best decisions on their behalf. Also, should there be questions on any particular agenda item, then it gives us the time to inquire of the City Manager or staff, especially should someone on staff be at a conference or on vacation, or out sick, then there is hopefully time for both parties to find a mutual time to discuss any questions. Sometimes the Mayor and/or Commission in their lives have other personal or employment related obligations and may need to leave town, say on a Wednesday, and cannot or do not return until the Sunday before a Commission meeting; and in some cases, we may need or choose not to return until the actual day of a Commission meeting. In such a situation, if we cannot get our packets until 7 p.m. on a Wednesday evening at the earliest, then how are we supposed to take them with us if we were to go out of town? This has actually been the case in a number of situations. As Agenda packets should be available to the Mayor and Commission "no later than Wednesday at 5:00 p.m. prior to the Commission meeting" (as stipulated in Resolution 2003-06), at the latest, as stated in this Resolution, this would hopefully give us at least some time to have any inquiries answered. But if we have to leave town at 6 p.m. on a Wednesday before a Commission meeting and the Agenda is not yet ready, then we are the ones in a predicament without the information we have requested (as noted in Resolution 2003-06) and that should be made available to us. That puts the Commission in the undesirable position of having to change our plans, or possibly be unprepared. Then, when ADD-ON Agenda Items are not available by the set date and time expected by the Commission, this is a related violation of what the Commission has stipulated. The Clerk was asked to check on related data. In the 7 regular Commission meetings held thus far in 2006, 3 regular meetings: the January 9, 2006; the February 27,2006, and the April 10 Meeting have been Amended or even Second Amended in the case of the January 9, 2006 meeting. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 REGULAR AGENDA ITEM 308 PAGE 3 0F 4 And, it seems that last year (2005), there were 11 Amended Agendas, and considering that there were only 22 regular Commission meetings held during 2005, that means 50% of the regular meeting Agendas were Amended. This is too much! And again, it is in total disregard of what the Commission has asked that staff do to assist us. In a related matter, during 2005, during the 22 regular Commission meetings we held, there were 16 of the 22 regular meeting Agendas which had at least one Agenda Item not available until a later date. This data does not include any special meetings or workshops; where again, often we come to a meeting with nothing but a 1 or 2 page Agenda, and are sometimes given data during that meeting, and sometimes we aren't given any background information, of which we are then asked to make decisions, at the last minute of course. As to missing or late agenda item attachments such as maps or development agreements or contracts that are not available to us by the set date and time expected by the Commission, this is again a violation of what the Commission has stipulated. Then there is the hardship on the Clerk's office. This does not even broach the subject of the Clerk's office usually being the last ones at City Hall putting the Agenda out on a Wednesday before a Commission meeting. That sure seems like a blatant disregard for the Clerk's office, to make them wait for Agenda Items or additional information, when the rest of staff takes off. When I inquired about the time it takes to post an Agenda or what time is involved in amending an Agenda, the Clerk advised me that it takes at least 30 minutes for every Agenda (Non-Amended or Amended) to be posted, and that is without any interruptions. (This does not include the time it takes to put an Agenda together). Then, if an Agenda is amended, the Clerk and/or her staff have to spend another, at least 30 minutes (with no interruptions) posting every Amended Agenda or 2nd Amended Agenda, etc. Furthermore, as these ADD- ON's come in, the Clerk and/or her staff have to notify the Commission that the Agenda has been amended, and/or that additional items are now available. These (minimum of) 30 minute time periods do not take into consideration the emails or telephone calls or personal visits with staff, that the Clerks office has to do to check the status of pending ADD-ON agenda items and/or attachments. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - APRIL 10, 2006 REGULAR AGENDA ITEM 308 PAGE 4 0F 4 There are some questions that corne to mind: 1. Why aren't agenda items planned in advance, so that they are ready in timely manner for a particular Agenda? 2. Why isn't there a drop-dead due date that everyone must meet, or their Agenda Item does not go until the next meeting? (This would even help us get the agenda packets possibly by Wednesday, no later than 5:00 p.m. which rarely ever happens.) 3. If another or outside party has to supply something like a map or plans or a contract for an agenda item that the Commission will need when they review an agenda item, are these other party(s) advised of any drop-dead due date, and that if they don't comply, then the agenda item will not go to the Commission? It seems that if there were specific deadlines related to any of the above noted questions, then we rarely would have to have an Amended Agenda, nor would WE the Commission have to corne back to pick up agenda items or supplements on another day, or perhaps be given such at an actual meeting. I acknowledge that there may be the rare, incredibly urgent issue that arises at the last minute, and that we do need to act upon it. But the key word here should be rare or "absolutely necessary or in the event of an emergency" as stipulated in Resolution 2003-06. But this seems to be the anomaly. Also, it seems that if everything is rushed in order to get us Agenda Items, especially if such are late, then possibly we are not getting the most accurate information, which puts the Commission in a similarly worse situation. ATTACHMENTS: A. Resolution 2003-06 RECOMMENDATION: Commissioner Krebs requests the Commission consider the information in this agenda item, and direct staff accordingly, as deemed appropriate. COMMISSION ACTION: ATTACHMENT "A" RESOLUTION NO. 2003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION NO. 908 AND AMENDING AND RESTATING IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City Commission") desires to conduct its business with order and efficiency; and WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the City Commission recognizes the need to adopt rules and procedures to conduct City business; and WHEREAS, the City Commission desires to amend its rules and procedures set forth in Resolution 908; and WHEREAS, the City Commission also desires to restate herein the rules and procedures of the City Commission as amended; and WHEREAS, the City Commission has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety, and welfare of the citizens of the City that the City Commission have rules of order for the conduct of its business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. resolution. RECITALS. The foregoing recitals are affirmed and incorporated as part of this Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted for City Commission meetings: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday at 500 p.m. prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute any add-on agenda item(s) after Wednesday at 5:00 p.m. Resolution 2003-06 City of Winter Springs Page I of 3 B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying foundation" for the conduct of Commission meetings. (Robert's Rules of Order may be suspended by a majority vote.) C. Consent Agenda. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. D. Motions. No Motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address that Agenda Item. E. Motions Belong to Commission. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by the Maker of the Motion.) F. Parliamentary Procedure. All Motions shall be considered in accordance with the Chart 1, Ranking Order and Chart II, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum offive (5) minutes to initially speak on an agenda item. After each Commissioner and the Mayor have been afforded the opportunity to initially speak on an agenda item, each Commissioner and the Mayor shall then be given additional time to speak in five (5) minute increments until discussion on that agenda item has been concluded. H. Call the Question. Motions to "Call the Question" shall require a second and a vote. I. Mayor Enforce Time Limits. The Mayor shall strongly enforce the directives ofthe Commission relative to disruptive members of the audience and time limits on Public Input. J. Commissioners Call Attention to Disruptive Behavior. Members of the Commission may call the Mayor's attention to disruptive behavior by members of the audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall issue a warning to those individuals. K. Mayor Give Warning. The Mayor shall give disruptive members of the audience a (one) warning. If these individuals commit further disruptions, the Police Chief shall escort them out of the Commission Chamber for the remainder of the meeting. Resolution 2003-06 City of Winter Springs Page 2 of 3 L. Time of Adjournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.m. However, by super majority vote of the City Commission, a Commission meeting may be extended beyond 11 :00 p.m. in time increments or to handle any specific agenda item(s). Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions ofthis resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908 and all prior inconsistent resolutions adopted by the City Commission are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of the Rules and Procedures contained in this resolution shall not have any adverse effect on any final decision made by a majority vote of the City Commission. DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 27th day of January 2003 John F. Bush JOHN F. BUSH, MAYOR ATTEST ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only. ANTHONY A. GARGANESE, City Attorney Resolution 2003-06 City of Winter Springs Page 3 of 3