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HomeMy WebLinkAbout2002 10 28 Regular E Commission Rules and Procedures . . . REQUEST: . . .. . . , .'_.'.~. ~........~_.........'.. '".-. COMMISSION AGENDA ITEM E Consent . Informational Public Hearing Regular X October 28. 2002 Regular Meeting ;v- Mgr. / Dept. Authorization Commissioner Edward Martinez, Jr. requesting a discussion of Commission Rules, related to Resolution Number 908. PURPOSE: The purpose of this Agenda Item is for the City Commission to discuss their concerns regarding current Commission rules and procedures. CONSIDERATIONS: This matter was discussed at the October 14,2002 Regular Meeting, however, as one Commissioner was absent, it was recommended that this subject be brought back to the City Commission for further discussion, when all members are present. Included in this Agenda Item are two referenced situations (documented in the attached.Minutes) that have been of concern to Commissioner Edward Martinez, Jr., in terms of parliamentary procedures. . . . CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 28. 2002 REGULAR AGENDA ITEM "E" PAGE 2 OF 2 FUNDING: Not applicable. RECOMMENDATION: It is recommended that the Commission discuss its rules pertaining to the making of Motions and make any recommendation it deems appropriate. ATTACHMENTS: A. Resolution Number 908. B. Excerpt from the August 26, 2002 Regular Meeting Minutes. C. Excerpt from the July 22,2002 Regular Meeting Minutes. D. Excerpt from the July 22, 2002 Regular Meeting Minutes - with additional verbatim comments. COMMISSION ACTION: .. . ATTACHMENT "A" . . .. . . ... .. RESOLUTION NUMBEn. 908 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHfNG CERTAIN POLICIES AND PROCEDURES FOR THE CONDUCT OF ANY COMMISSION MEETINGS, PROVIDING FOR CONFLICT, SEVERAIHUTY, AND AN EFFECTlVE DATE. WHEREAS, the City Commission has had workshops and discussions on conducting its' business, with a concern for better efficiency and is desirous to establish certain rules and criteria to follow, in order to provide for more efficient, effective, and decorous City Commission meetings; NOW, THEREFORE, BE IT RESOL~ED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, that: I. The Commission shall hold Workshop Meetings, 5:00 P.M. to 6:30 P.M., prior to each Commission Meeting for a trial period of two months, beginning October 25, 1999 to be re-evaluated at the end of that time. Agenda Packets shall be made available to Commissioners no later than Wednesday prior to the Commission Meeting. 3. 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),--_n -_..- 4. Any Commissioner may request that a Consent Agenda Item be held for separate consideration. 5. No Motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address that Agenda Item. 6. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. (Amendments need not be accepted by Maker of Motion). 7. All Motions shall be considered in accordance with the Chart 1., Ranking Order and Chart fl, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). 8. There shall be no limit'as to the amount of time a Commissioner may speak. 9. Motions to "Call the Question" shall require a second and a vote. - The Mayor shall str.ongly enforce the directives of the Commission relative to disruptive mcmbers of thc audience and time limits on Public Input. . CITY OF WfNTER SPIUNGS RESOLUTfON 908 11. 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. fn such event, the Mayor shall issue a warnillg to those individuals. 12. 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. 13. Commission Meetings shall be adjourned by II :00 P.M., however, they may be extended in one-hour increments by a super majority vote. 14. , Regardless of the time, Adjournment ~hall require a motion, second and a majority vote. PASSED AND ADOPTED THIS 6th day of December , 1999. . . (- (- ~~f,-,,__ - _ - r CLERK...----1 ~ ' ::~ember 6, 1999 'ad.~-di4-a=L-to-k.agiud.----.- ..- -- ----.- - - - ..-- Tr:: -.. . . ATTACHMENT "B" - . '. . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 26. 2002 PAGE 8 OF 4\ .~~f1 ~ . CONSENT E. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The Seminole County/City Of Winter Springs Interlocal Agreement Community Development Block Grant Program. Program Year 2002-2003. CONSENT G. Public Works Department Requesting The City Commission Approve The Cost To Convert The Overhead Power Along Tuskawilla Road To Underground. CONSENT H. Office Of The Mayor Resolution Number 2002-27, A Resolution Of The City Of Winter Springs, Florida, Expressing Appreciation To Dart Helgeson For Her Service On The Beautification Of Winter Springs Board. . CONSENT I. Office Of The City Clerk Approval Of The July 22, 2002 City Commission Regular Meeting Minutes. Discussion ensued with Commissioner Martinez remarking about a Motion that .he had made (shown on page 8 of the July 22,2002 Meeting Minutes) - and then another Motion was made and voted upon, and that this was improper. Mayor Partyka stated, "I will have to review that." Deputy Mayor Gennell stated, "It was turned over to the City Attorney to bring us back the official recommendation as per Robert's Rules of Order and I actually have it here - I was going to bring it up under my Seat anyway - I can deal with it later; but it was not resolved, it was very unresolved." Commissioner Martinez added, "If you want to see the Motion, it was on page 6 of 26." Further discussion. Mayor Partyka added, "If there was something that was not quite in order okay - and we will move on. 1 will try to make sure it is not done again." CONSENT J. Office Of The City Clerk Approval Of The Jtity 29, 2002 City Commission Special Meeting Minutes. . t>R~f~ ~ e;; S<-t:J ............. !e"."....... <=> ~ t::::t . ATTACHMENT "C" . .. . . . . . .... ,. '... . '" .. ~.~- -- .... ~,- CITY OF WINTER SPRINGS MINUTES , CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 6 OF 26 Ms. Sherry Hilley, CISA, Florida League of Cities, 125 East Colonial Drive, Post Office Box 530065, Orlando, Florida 32853-0065: also addressed the City Commission on the proposed Strategic Plan. Discussion ensued with Members of the Commission. Manager McLemore explained that "You are going to need to make some decisions as part of your budget process to determine the speed with which you want to do these. I think on your issues sheet we will have those sequenced out as recommended here." Mayor Partyka asked Ms. Dalka, "From your standpoint, you have seen this entire presentation, you have worked with Mr. Hagy - your recommendation would be what?" Ms. Dalka stated, "My recommendation is to go forth with year I, only because the Commission meeting - I think it Wa5' in March, you all strongly wanted to upgrade our technology and the only way we are going to be able to do this is to do it sensibly and in steps." Mayor Partyka further asked Ms. Dalka, "And you feel this entire City would operate better by implementing this year I plan?" Ms. Dalka responded by saying, "Yes I do." Manager McLemore then said to Ms. Dalka, "Relative to that 3 year plan, can your . organization implement that 3 year plan just on the basis of workload and have it - assimilated into the organization?" Ms. Dalka stated, "With the new person, the Multi- Media Specialist that would be in year I, yes we can do this." Manager McLemore stated, "Okay." Mayor Partyka then said to Manager McLemore, "Ron, if you would just incorporate that as part of the budget - we will have discussions." REGULAR B. Community Development Department - Code Enforcement Division Requests The City Commission Considers The R~quest Of Chanh Nguyen For Forgiveness For A Code Enforcement Lien Of $186,000.00 Against His Property. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the Commission regarding his client Mr. Chanh Nguyen, and presented some history regarding the situation before the Commission. Mr. Charles Carrington, Community Development Department Director also addressed the Commission and.l?;ave a history on this case. Discussion ensued on the true costs related to this case. "I WAS GOING TO SUGGEST A MOTION THAT WE SETTLE FOR TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 7 OF 26 Mayor Partyka stated, "If you could just hold that Motion." Discussion. Commissioner Blake said, "How would your client react to a requirement of annexing in the other portion of the property as part of that settlement?" Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: briefly addressed the Commission. Commissioner Blake then stated that his recommendation would be that "I would ask the rest of the Commission that in any settlement that we decide to make with the landowner, that we require as part of that agreement a requirement to annex in that adjacent parcel that is not currently in the City." Commissioner Blake further explained that "My . requirement would be - the adjacent parcel that Mr. Ngyuen owns right here which is next to the one in question with the Code Enforcement action, that that be annexed in as part of the settlement." Commissioner McLeod asked if notification was made by Certified Mail and added, "Mr. Manager, would it not be wise that we send this kind of a notification when we are levying a $250.00 aday fine against a piece of property as certified mail- to the property owner?" Manager McLemore stated, "Yes." Tape 2/Side B Regarding notifying violators, Commissioner McLeod suggested to Manager McLemore that such a procedure be put into operation within thirty (30) days. Furthermore, regarding proof of notification, Mr. Carrington said to Commissioner McLeod, "I know that they were notified. Now, you asked me if they were notified by certified mail, return receipt requested and I honestly don't know the procedure - I can find out for you." Commissioner McLeod then stated, "And I basically asked that if we don't have that procedure, to put that procedure in place." Mayor Partyka then inquired, "Does this Commission agree with that last position?" Commissioner Martinez stated, "Sure." Deputy Mayor Gennell said, "By certified, return receipt, yes." Commissioner Blake stated, "I thought we already were doing that." Commissioner McLeod then stated, "And we may very well be doing that - I just want to make sure we have that procedure. .... Discussion. Mr. James Meade. 5361 Young Pine Road, Orlando, Florida: addressed the . Commission on what previously has transpired with the property in question. . . . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 8 OF 26 Mayor Partyka stated for the record, "Mr. Meade called me up and explained this to me and I said, 'Explain it to the Commission.'" Discussion. "I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF AND THE CITY ATTORNEY INCLUSIVE TO WORK OUT AN AGREEMENT WITH MR. WALLACE REPRESENTING THE LANDOWNER IN THIS CASE FOR A\. REDUCTION IN FINE THAT WOULD SETTLE AND REMOVE THE LIEN ON THIS PROPERTY TO $10,000.00, IF THERE IS A SUCCESSFUL VOLUNTARY ANNEXATION APPLICATION AND IT GOES THROUGH THE ENTIRE SYSTEM - AND THAT OCCURS'"WITIDNTHREE (3) MONTHSININETY (90) DAYS; OTHERWISE IF THAT DOES NOT OCCUR, THEN THE REDUCTION IN FINE AGREEMENT WOULD NOT TAKE PLACE AND IT WOULD REVERT BACK TO THE $187,000.00." MOTION BY COMMISSIONER BLAKE. Commissioner Martinez stated "Point of Order" and spoke of a previous Motion. ATTORNEY GARGANESE STATED, "I UNDERSTAND COMMISSIONER BLAKE'S MOTION TO MEAN THAT IF HE VOLUNTARILY ANNEXES THE PROPERTY, IT IS A MITIGATING FACTOR WHICH WILL REDUCE THE FINE BY.APPROXIMATELY$1.16,OOO.0.OA .JUST SO THAT IT IS CLEAR ON THE RECORD,. THIS. IS A LIEN AGAINST THE PROPERTY. TIDS COMMISSION IS NOT UNDER ANY PRESSURE TO REDUCE THIS LIEN." . COMMISSIONER BLAKE CLARIFIED THAT HIS MOTION INCLUDED, "THAT THE ANNEXATION PROCEDURE HAD TO BE COMPLETE WITIDN NINETY (90) DAYS." SECONDED. DISCUSSION. COMMISSIONER BLAKE ADDED, "THE MOTION WAS FOR OUR STAFF TO GET TOGETHER WITH HIS ATTORNEY AND WORK OUTTHOSE DETAILS WHICH INCLUDED A PAYMENT ARRANGEMENT. IT WAS NOT TO PAY. WITHIN THAT NINETY (90) DAYS; IT WAS MERELY TO GET ANNEXED IN WITHIN THAT NINETY (90) DAYS, ON A VOLUNTARY BASIS, AND IF THAT HAPPENS, THEN THE FINE WOULD BE $10,000.00 AS NEGOTIATED FOR PAYMENT TERM TO BE AS NEGOTIATED BY OUR STAFF AND HIS. ATTORNEY." '", DEPUTY MAYOR GENNELL THEN ASKED, "DID YOUR MOTION INCLUDE WAIVING THE ANNEXATION FEES?" COMMISSIONER BLAKE RESPONDED, "NO." . .. . CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 9 OF 26 "AN AMENDMENT TO THE MOTION TO MAKE THE AMOUNT TOTAL $7,500.00 AND WAIVE ANNEXATION FEES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE MAYOR PARTYKA: AYE MOTION CARRIED. Mr. Wallace inquired, "Should I call the City Manager first?" Manager McLemore stated, "That would be fine." REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of AVA Anthony/Phelopateer, LLC For Forgiveness For A Code Enforcement Lien Of $75,900.00 Against Their Property At Hayes Road And State Road 434. Mr. Carrington introduced this. Agenda .Item . and . gave-'some brief information regarding this case and suggested Staffs costs were in the range of$2,050.00. Attorney Garganese advised the Commission that, "My amount IS approximately $10,000.00 . in defending .a .Mortgage Foreclosure action where the City's Code Enforcement Lien was in play; filing a Public Nuisance Lawsuit against the owner to bring the property back into compliance with the Code; and to address a very extensive Vested Rights Issue/Development Agreement." Mr. Arron J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida: as the Attorney for A V A AnthonylPhelopateer, LLC, Mr. Garovitz addressed the City Commission. Discussion ensued on what the real costs were, and the many problems associated with this property. '.. Tape 3/Side A "I WOULD STILL LIKE TO MAKE THE RECOMMENDATION THAT WE MOVE THIS - FORWARD AND WE MAKE THE FINE AT $12,500.00." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. . ATTACHMENT "D" . .. . . . . '..::' ~~"~~::?~:..J~:". -/."1 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JUL Y 22, 2002 The following excerpt includes a few lines of italicized and underlined text which is added to identify part of the discussion that was not included in the officially approved Minutes from the July 22, 2002 Regular Meeting of the City Commission: III. REGULAR - PART I (CONTINUED FROM THE JULY 8, 2002 REGULAR MEETING) REGULAR B. Community Development Depar,tment - Code Enforcement Division Requests The City Commission Considers The Request Of Chanh Nguyen For Forgiveness For A Code Enforcement Lien Of $186,000.00 Against His Property. Mr. George B. Wallace, Esquire, 700 West First Street, Sanford, Florida: addressed the. Commission regarding his client Mr. Chanh Nguyen, and. presented some history regarding the situation before the Commission. Mr. Charles Carrington, Community Development Department Director also addressed the Commission and gave a history on this case. Discussion ensued on the true costs related to this case. "I WAS GOING TO SUGGEST A MOTION THAT WE SETTLE FOR TEN THOUSAND DOLLARS ($10,000.00)." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. Mayor Partyka stated, "If you could just hold that Motion." Discussion. Commissioner Blake said, "How would your client react to a requirement of annexing in the other portion of the property as part of that settlement?" Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida.' briefly addressed the Commission. .." . . . CITY OF WrNTER SPRrNGS EXCERPT WITH ADDITIONAL TEXT CITY COMMISSION REGULAR MEETING - JULY 22, 2002 EXCERPT WITH ADDITIONAL TEXT - PAGE 2 OF 4 Commissioner Blake then stated that his recommendation would be that "1 would ask the rest of the Commission that in any settlement that we decide to make with the landowner, that we require as part of that agreement a requirement to annex in that adjacent parcel that is not currently in the City." Commissioner Blake . further explained that "My requirement would be - the adjacent parcel that Mr. Ngyuen owns right here which is next to the one in question with the Code Enforcement action, that that be annexed in as part of the settlement." Commissioner McLeod asked if notification was made by Certified Mail and added, "Mr. Manager, would it not be wise that we send this kind of a notification when we are levying a $250.00 a day fine against a,piece of property as certified mail- to the property owner?" Manager McLemore stated, "Yes." Tape 2/Side B Regarding notifying violators, Commissioner McLeod suggested to Manager McLemore that such a procedure be put into operation within thirty (30) days. Furthermore, regarding proof of notification; Mr. Carrington said to Commissioner McLeod, "1 know that they were notified. Now, you asked me if they were notified by certified mail, return receipt requested and 1 honestly don't know the procedure - 1 can find out for you." Commissioner McLeod then stated, "And 1 basically asked that if we don't have that procedure, to put that. procedure in place." Mayor Partyka then inquired, "Does this Commission agree with that last position?" Commissioner Martinez stated, "Sure." Deputy Mayor Gennell said, "By certified, return receipt, yes." Commissioner Blake stated, "1 thought we already were doing that." Commissioner McLeod then stated, "And we may very well be doing that - I just want to make sure we have that procedure. Discussion. Mr. James Meade, 5361 Young Pine Road, Orlando, Florida: addressed the Commission on what previously has transpired with the property in question. Mayor Partyka stated for the record, "Mr. Meade called me up and explained this to me and 1 said, 'Explain it to the Commission.'" Discussion. .,., . . . CITY OF WfNTER SPRfNGS EXCERPT WITH ADDITIONAL TEXT CITY COMMISSION REGULAR MEETfNG - JULY 22. 2002 EXCERPT WITH ADDITIONAL TEXT - PAGE 3 OF 4 "I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF AND THE CITY ATTORNEY INCLUSIVE TO WORK OUT AN AGREEMENT WITH MR. WALLACE REPRESENTING THE LANDOWNER IN THIS CASE FOR A REDUCTION IN FINE THAT WOULD SETTLE AND REMOVE THE LIEN ON THIS PROPERTY TO $10,000.00, IF THERE IS A SUCCESSFUL VOLUNTARY ANNEXATION APPLICATION AND IT GOES THROUGH THE ENTIRE SYSTEM - AND THAT OCCURS WITHIN THREE (3)" MONTHS/NINETY (90) DAYS; OTHERWISE IF THAT DOES NOT OCCUR, THEN THE REDUCTION IN FINE AGREEMENT WOULD NOT TAKE PLACE AND IT WOULD REVERT BACK TO THE $187,000.00." MOTION BY COMMISSIONER BLAKE. Commissioner Martinez: "Point of Order" - "There was a Motion on the floor before and a second. and then they went into discussion. Mayor Partyka: Well - remember what we said. We said that by our process. if there are any other lif!hts. we have. to handle that first before any kind of Motion. So. effectively. Deputy Mayor Gennelloo. Commissioner Martinez: ...It should come back to the orif!inal maker. of the Motion. " Commissioner Blake:. . ''There was no lif!ht. " Mayor Partyka: "Well. there was no lif!ht - I mean - Ithouzht we were just... " Commissioner Martinez: "...You play f!ames all the time... " Mayor Partyka: "00. We are not playinf! f!ames... " ATTORNEY GARGANESE STATED, "I UNDERSTAND COMMISSIONER. BLAKE'S MOTION TO MEAN THAT IF HE VOLUNTARILY ANNEXES THE PROPERTY, IT IS A MITIGATING' FACTOR WHICH WILL REDUCE THE FINE BY APPROXIMATELY $176,000.00. JUST SO THAT IT IS CLEAR ON THE RECORD, THIS IS A LIEN AGAINST THE PROPERTY. THIS COMMISSION IS NOT UNDER ANY PRESSURE TO REDUCE THIS LIEN~" COMMISSIONER ...BLAKE CLARIFIED THAT HIS MOTION INCLUDED, "THAT THE ANNEXATION PROCEDURE HAD TO BE COMPLETE WITHIN NINETY (90) DAYS." SECONDED. DISCUSSION. . . . CITY OF WINTER SPRINGS EXCERPT WITH ADDITIONAL TEXT CITY COMMISSION REGULAR MEETING - JULY 22, 2002 EXCERPT WITH ADDITIONAL TEXT - PAGE 4 OF 4 COMMISSIONER BLAKE ADDED, "THE MOTION WAS FOR OUR STAFF TO GET TOGETHER WITH HIS ATTORNEY AND WORK OUT THOSE DETAILS WHICH INCLUDED A PAYMENT ARRANGEMENT. IT WAS NOT TO PAY WITHIN THAT NINETY (90) DAYS; IT WAS MERELY TO GET ANNEXED IN WITHIN THAT NINETY (90) DAYS, ON A VOLUNTARY BASIS, AND IF THAT HAPPENS, THEN THE FINE WOULD BE $10,000.00 AS NEGOTIATED FOR PAYMENT TERM TO BE AS NEGOTIATED BY OUR STAFF AND HIS ATTORNEY." DEPUTY MAYOR GENNELL THEN ASKED, "DID YOUR MOTION INCLUDE WAIVING THE ANNEXATION FEES?" COMMISSIONER BLAKE RESPONDED, "NO." , "AN AMENDMENT TO THE MOTION TO MAKE THE AMOUNT TOTAL $7,500.00 AND WAIVE ANNEXATION FEES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE MAYOR PARTYKA: AYE MOTION CARRIED. Mr. Wallace inquired, "Should I call the City Manager first?" Manager McLemore stated, "That would be fine." '. . . . CITY OF WfNTER SPRlNGS CITY COMMISSION REGULAR MEETING - OCTOBER 14,2002 REGULAR AGENDA ITEM "I" PAGE 2 OF 2 RECOMMENDATION: It is recommended that the Commission discuss its rules pertaining to the making of Motions and make any recommendation it deems appropriate. ATTACHMENT: A. Resolution Number 908. B. Excerpt from the August 26, 2002 Regular Meeting Minutes. C. Excerpt from the July 22,2002 Regular Meeting Minutes. D. Excerpt from the July 22, 2002 Regular Meeting Minutes - with additional verbatim comments. COMMISSION ACTION: '",