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HomeMy WebLinkAbout2006 11 13 Regular 301 Public Input Data COMMISSION AGENDA ITEM 301 Regular November 13.2006 Regular Meeting Mgr. Authorization Dept. REQUEST: Mayor John F. Bush requesting that the City Commission review the "Public Input" data in this Agenda Item and the attached related spreadsheet and decide whether they want to implement any new or revised "Policy" related to "Public Input". PURPOSE: An inquiry was made to nine (9) other Central Florida cities inquiring about their "Public Input" policies and procedures. CONSIDERATIONS: The following is an excerpt from the Report of Mayor John F. Bush, discussed during the October 9,2006 Regular City Commission Meeting: Mayor Bush commented on the Public Input Policy and possibly changing our Policy and stated, "I would like to - gather some options for the Commission on possibly changing these rules a little bit. " Discussion. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 REGULAR ITEM "301" PAGE20F8 Mayor Bush said, "So if the Commission has no objection, I would like to do a little Survey and maybe come back with some suggestions and see if you want to make any changes. Any objections?" Commissioner McGinnis stated, "Go ahead." Commissioner Krebs remarked, "No objections from me." Commissioner Gilmore stated, "No problem." Deputy Mayor Blake stated, "I don i have any problem if you want to do a survey of other cities or see what else they are doing, I think you will find some fairly uniform results. " Deputy Mayor Blake continued, "Mayor, you can look at the other cites in Seminole [County] - or you can talk to the [Florida] League of Cities and see if they have any sort of Survey results on what other cities across the State are doing, but I think what you willfind is a very uniform result, either at the beginning of the Meeting or end of the Meeting - the hybrid concept that you are talking about, I don't think exists anywhere, and in fact I think there are also have been some Court cases on this and there have been some challenged - in terms of the rules and what you can do to keep control of the Meeting to make sure that you are addressing the business that needs to come before the Commission." Attorney Garganese stated, "Right." Commissioner Miller remarked, "I would say 'Yes' on the same basis as the Commissioner. " In summary, Mayor Bush noted, "It will be a Survey and you will just get the results." At the request of the Mayor, City Clerk Andrea Lorenzo-Luaces sent an email to all Seminole County cities, and three (3) other area cities (of similar size) asking for information as to how they handle "Public Input". The Seminole County cities (in alphabetical order, including our City) that the City Clerk contacted are: . Altamonte Springs . Casselberry . Lake Mary . Longwood . Oviedo . Sanford . Winter Springs The other neighboring cities (in alphabetical order) that the City Clerk contacted are: . Apopka . Maitland . Winter Park CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 REGULAR ITEM "301" PAGE 3 OF 8 Not all cities responded by email. As some of the answers to the questions asked were handled over the telephone, written documentation may not be available for all cities under "Attachments". The following questions were asked: I) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? . 10 out of 10 cities do have Public Input (noted by various titles) If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? . 1 out of 10 cities has a separate time set aside, called "Public Period", but it is not listed on the Agenda, and this Council takes public comment on each decision item . 1 out of 10 cities has a separate time set aside on the Agenda at the beginning and the end of their meeting, for anything not listed on the Agenda, entitled "Informal Communication" . 4 out of 10 cities have a separate time set aside on the Agenda at the beginning of their meetings entitled: o 1 city lists it as "Citizens Comments" o 1 city lists it as "Public Participation" o 1 city lists it as "Public Comments" (for items not on the Agenda) o 1 city lists it as "Public Input" . 4 out of 10 cities have a separate time set aside on the Agenda at the end of their meeting entitled: o 1 city lists it as "Old Business/New Business" o 2 cities lists it as "Citizen Participation" o 1 city lists "New Business" (and also allows speakers on any Consent Agenda Item and City Manager's Report Items) b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? . 1 out of 10 cities requires the speakers to be residents or business owners in the community . 9 out of 10 cities do not require speakers to be residents CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 REGULAR ITEM "301" PAGE 4 OF 8 c) How long does each speaker get? . 1 out of 10 cities allows 3 minutes per individual speakers and 5 minutes for representatives of Homeowner's Associations or professional entities . 1 out of 10 cities allows 4 minutes per speaker . 2 out of 10 cities allow 5 minutes per speaker . 3 out of 10 cities have no set time for speakers . 3 out of 10 cities allow 3 minutes per speaker d) Are speakers required to complete some kind of form with their name, address, etc.? . 3 out of 10 cities do require speakers to complete a form . 7 out of 10 cities do not require speakers to complete a form e) How is a speaker informed when their time is up? . 1 out of 10 cities indicated N/A . 4 out of 10 cities verbally communicate to speakers when their time is up . 5 out of 10 cities have timers/buzzers or colored cards 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? . 2 out of 10 cities do not have Public Input at Special Meetings . 4 out of 10 cities do have Public Input at Special Meetings . 4 out of 10 cities sometimes allow Public Input, but usually at the discretion of the Chairman and/or Commission/Council, depending on the topic If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? . lout of 10 cities allows speakers for each Special Agenda Item . lout of 10 cities allows speakers during specific topics being discussed, with a request form to be filled out . lout of 10 cities allows speakers, but does not list it on the Agenda; and also takes public comment on each decision item . 2 out of 10 cities allow speakers at the end of the Special Meeting entitled: o Old Business/New Business o Citizen Participation . 5 out of 10 cities indicated N/A CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 REGULAR ITEM "301" PAGE 5 OF 8 b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? . . . c) . . . . . d) etc.? . . . e) . . . lout of 10 cities requires the speakers to be residents or business owners 4 out of 10 cities do not require speakers to be residents 5 out of 10 cities indicated N/A How long does each speaker get? lout of 10 cities sets 3 minutes per speaker lout of 10 cities sets 3 minutes per speaker, or at the discretion of the Chair lout of 10 cities sets 4 minutes per speaker 2 out of 10 cities sets 5 minutes per speaker 5 out of 10 cities indicated N/A Are speakers required to complete some kind of form with their name, address, lout of 10 cities requires that a request form be filled out 4 out of 10 cities do not require request forms 5 out of 10 cities indicated N/A How is a speaker informed when their time is up? lout of 10 cities has the Mayor verbally communicates when a speaker's time is up, and asks that they kindly wrap it up 4 out of 10 cities have timers/buzzers or colored cards 5 out of 10 cities indicated N/A 3) Do you have any kind of Public Input during your Commission/Council Workshops? . lout of 10 cities allows the public to comment, depending on the nature of the Workshop . lout of 10 cities does have Public Input, but only when citizens take part in the Work Session . 2 out of 10 cities do have Public Input during Workshops . 3 out of 10 cities do not have Public Input during Workshops . 3 out of 10 cities have Public Input during Workshops, at the discretion of the Mayor and/or City Commission/Council CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13, 2006 REGULAR ITEM "301" PAGE 6 0F 8 If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? . lout of 10 cities allows speakers during the specific topic being discussed and the speaker will speak during "Public Participation" . lout of 10 cities allows speakers to speak during "Public Period" only . lout of 10 cities does not have a time set aside during Workshops for the public to comment . lout of 10 cities noted that it depends on the nature of the Workshop and if their comments will benefit the purpose of the Workshop . 6 out of 10 cities indicated N/A b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? . lout of 10 cities requires the speaker to be a resident or business owner . 2 out of 10 cities do not require the speaker to be a resident . 7 out of 10 cities indicated N/A c) How long does each speaker get? . lout of 10 cities sets 3 minutes per speaker . lout of 10 cities sets 5 minutes per speaker . 8 out of 10 cities indicated N/A d) Are speakers required to complete some kind of form with their name, address, etc.? . lout of 10 cities requires a "Public Participation" form to be filled out . 2 out of 10 cities do not require a form to be filled out . 7 out of 10 cities indicated N/A e) How is a speaker informed when their time is up? . lout of 10 cities verbally communicates when a speaker's time is up, and asks that they kindly wrap it up . lout of 10 cities use timing lights . 8 out of 10 cities indicated N/A CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 REGULAR ITEM "301" PAGE 7 0F 8 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? . lout of 10 cities does not allow for rebuttals, but noted that it does happen on occasions . lout of 10 cities does not allow for rebuttal, per Resolution . 2 out of 10 cities do allow for rebuttal during Public Hearings . 3 out of 10 cities do not allow for rebuttal . 3 out of 10 cities leaves it to the discretion of the Mayor/Chair 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? . lout of 10 cities noted that their Advisory Boards allow for Public Input and may limit the time a speaker has . lout of 10 cities allows Public Input at Advisory Boards and Committees Meetings and Workshops . lout of 10 cities noted No, but they do provide for a "Public Period" at each meeting . lout of 10 cities noted the above does apply, but the Advisory Boards and Committees have their own rules regarding forms and time allowed to speak . 6 out of 10 cities indicated N/A Separate from this survey, it should be noted that the City of Winter Springs City Commission has adopted a number of Resolutions (Policies) related to the running of our Public Meetings as shown under "Attachments". A TT ACHMENTS: A. Spreadsheet of data from participating Cities B. emailed Response from Seminole County city - Altamonte Springs C. emailed Response from Seminole County city - Lake Mary D. emailed Response from Seminole County city - Longwood WITH A COPY OF THEIR RULES AND PROCEDURES E. emailed Response from Seminole County city - Oviedo F. emailed Response from neighboring city - Apopka G. emailed Response from neighboring city - Maitland WITH A COPY OF THEIR "RULES OF PROCEDURES" CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - NOVEMBER 13,2006 REGULAR ITEM "301" PAGE 8 0F 8 H. emailed Response from neighboring city - Winter Park I. Sample Agendas from all ten (10) cities that were part of this survey (in alphabetical order) Support documentation from the City of Winter Springs that is relevant to our Policies on Public Input: J. City of Winter Springs Resolution 727 K. Copy of the City Commission Workshop Minutes from July 13, 1999 related to a discussion on Commission Meeting Procedures L. Excerpt from the City Commission Regular Minutes from October 11, 1999 related to a discussion on Commission Meeting Procedures M. City of Winter Springs Resolution 2001-04 and the related Minutes N. City of Winter Springs Resolution 2001-47 and the related Minutes O. City of Winter Springs Resolution 2003-06 and the related Minutes P. City of Winter Springs Resolution 2004-12 and the related Minutes RECOMMENDATION: The City Commission is being requested to review the attached data and decide whether they want to revise current "Policy" or not make any changes. COMMISSION ACTION: ATTACHMENT "A" Page 1 of 3 PUBLIC INPUT INQUIRY DESTION 1 C I T I E S I) Do you have any kind of Puhlie Input other than during Public Hearings during your Commissionl Council Rel!ular 'leetin s'! IF YES, PLEASE ANSWER THE FOLLOWING: Yes L A K E M A R Y Yes L 0 N G W 0 0 D Yes ;\1 A I T L A N 0 es o V I E D o a) Do you have a separat~ tim~ set asid~ during this kind of Me~ting for th~ public to comm~nt'! Wh~n is it held? And what is it call~d? "Citizen Participation" No is after unfinished business and new business. It is just before Reports, towards the end of the Meeting. Public Input is listed on our Agenda as Item Number 6 and under sub- heading A. The public can speak under "Public Participation" . We have a separate "Public Periodlt - separate - not on the Agenda. The Council also takes public comment on each decision Item. We have "Public No Comments" for Items not on the Agenda at the beginning of the Meeting. b) If Yes, under th is portion of the M~eting, do sp~akers have to be r~sid~nts of your municipality'! No Y cs. Residents or business owners in th~ community. c) How long do~s each sp~ak~r g~t" 5 minutes. 3 minutes. 5 minut~s. 3 minutes. Chairman usually asks them to wrap up comments if going over time limit. d) Ar~ speak~rs r~quir~d to complete som~ kind of form with th~ir nam~. addr~ss. etc.? No. Only state their name and address. Yes. They are required to fill out a Request to Speak during "Public Participation" form. No. PUBLIC INPUT INQUIRY DESTION 2 e) lIow is a 2) Do you~ha'ye any a) Do you have a speaker inform~d kind of Public Input separate time s~t wh~n their time is during your asid~ during this up" Commlssionl kind of Meeting Council Special for the public to Meetinl!s? IF YES eomm~nt? Wh~n PLEASE ANSWER is it held? And THE what is it called? FOLLOWING: We use a timer Yes that gives them a warning when their time is about up and then it signals when the 5 minutes are up. The Mayor will let them know and ask them to kindly wrap it up. Someti~es,.they allow P""blic'l,nput, but It depends on the subject matter being discussed. We use timing lights preset for 5 minut~s - the lights are grecn, yellow (whcn one minute left) and then red. Yes Yes. A "Public Chairman advises Comments" them (Vice Request to Speak Chairman has a form. They are timer and alerts allowed to speak Chairman when even if they do the 3 minutes are not complete up). form. Citizen No Participation is after unfinished business and new business. It is just before Reports, towards the end of the Meeting. The public will No speak during the specific subject mailer being discussed. The speaker will fill out a Request to Speak during "Public Participation". b) If Yes. undel c) !low long this portion of do~s each the Meeting. do speaker gd~ speakers have to be residents of your municipality? 5 minutes. 3 minutes. 5 minutes. We have a separate Yes. Residents "Public Period" - or busin~ss s~parate - not on own~rs in th~ the Ag~nda. The community. Council also takes public comm~nt on each decision Item. N/A N/A d) Arc speakers r~quired to complet~ some kind of torm with their name. addr~ss. ~tc:' No. Only state their name and address. Yes. They are required to fill out a Request to Speak during "Public Participation" form. No. N/A "" DESTION 3 c) lIow is a 3) Do you have speak~r anv kind of in!orm~d when Puhlic Input their time is during your up" Commissionl Council Workshops'! IF YES, PLEASE ANSWER THE FOLLOWING: d) Arc speakers required to complete som~ kind of !()rm with their name. address. etc.? a) Do you have a b) If Yes, under c) How separate time set this portion or the long does aside during this Workshop. do each kind of a speakers have to speaker Workshop for the be residents of get? public to your comment'? When municipality" is it held? And what is it called? We use a timer Depending on the No that gives them subject, the a warning Mayorl when their Commission may time is about decide to allow up and then it Puhlic Input. signals when the 5 minutes are up. The Mayor will let them know and ask them to kindly wrap it up. We use timing lights preset for 5 minutes - the lights are grecn, yellow (when one minute len) and then red. N/A Yes Yes Only when NI A citizens are participating in the work session. If there is someone in the audience, Council may want comments. No The public will speak during the specific subject matter being discussed. The speaker will fill out a Request to Speak during "Public Participation". No Yes. "Pub lie Period" only. N/A 3 minutes No Yes. They are required to fill out a Request to Speak during "Public Participation" form. owners. Yes. Or business 5 Minutes. No N/A N/A N/A Page 2 of3 e) How is 4) Do any speakers a speaker have the opportunity infonned to rebut any when their comments made hy time is Commissionl Council, up? City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? N/A The Mayor will let them know and ask them to kindly wrap it up. Timing lights. N/A Normally not, but it does happen on occasions. Depending on the subject, the Commission may allow for rebuttal. No. Only during puhlic comment period under each Cou ncil decision Item. No 5) Docs this also apply to your Advisory Boards and Committees Meetings and Workshops? The Boards allow Public Input and may limit the time a speaker has if it is a controversial Item and there are many speakers. N/A Not entirely. However, they do provide for a "Public Period" at each meeting. N/A Page 3 of 3 PUBLIC INPUT INQUIRY ATTACHMENT "B " Page 1 of 4 Debra Franklin From: Pat Wainright [PEWainright@Altamonte.org] Sent: Tuesday, October 31, 2006 7:57 AM To: Debra Franklin Subject: RE: PUBLIC INQUIRY See Below: Patsy E. Wainwright, City Clerk City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, FL 32701 407571-8121 - phone 407571-8123 - fax email: pewainwright@altamonte.org PLEASE NOTE: Florida has a very broad public records law. Any written communication to or from City officials regarding City business is a public record available to the public and media upon request. Your e-mail communications may be subject to public disclosure. From: Debra Franklin [mailto:dbfranklin@winterspringsfl.org] Sent: Monday, October 30, 2006 2:04 PM To: Pat Wainright; dgardner@casselberry.org; tmcpherson@casselberry.org; smirus@ci.longwood.f1.us; dougherj@ci.sanford.f1.us Subject: PUBLIC INQUIRY Good Afternoon! I am resending Andrea's questions regarding the above Subject in case the email did not go through. Would you please send your responses to either Andrea or me. Thank you. Debbie Franklin From: Andrea Lorenzo-Iuaces [mailto:aluaces@winterspringsfl.org] Sent: Wednesday, October 18, 2006 8:52 AM To: bbarbour@ci.oviedo.f1.us; Cindy Bonham; pewainright@altamonte.org; patw@Altamonte.org; dgardner@casselberry.org; tmcpherson@casselberry.org; cfoster@lakemaryfl.com; smirus@ci.longwood.fl.us; Janice Goebel; dWilliams@itsmymaitland.com; dougherj@ci.sanford.f1.us Subject: Public Input Inquiry 10/31/2006 Page 2 of 4 Hello, I have been asked to inquire of some surrounding cities as to your practices regarding Public Input at your Commission Meetings and Workshops. Could I please trouble you to answer whatever you can of the following and respond back, at your earliest convenience. (To make your response as easy as possible for you, you may want to "reply" and then copy and paste the questions, and then answer them). 1) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? We set aside time at the beginning and the end of the meeting for comments on anything not listed on the agenda. It is called Informal Communication. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? We have no set time. d) Are speakers required to complete some kind of form with their name, address, etc.? No e) How is a speaker informed when their time is up? If a resident goes too long (in our opinion), the Mayor will ask him/her to wind it up. 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? 10/31/2006 Page 3 of 4 e) How is a speaker informed when their time is up? 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Yes. During the public hearing discussion, anyone in the audience can speak. No 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes No Could you please attach any Policies or Resolution or other from your City that relate to this subject. We have no written policies or resolution. If you would also like to receive the responses and information that I receive, just let me know and I will forward that on to you. I would like a copy of your responses, please. Please Th,mk you, A-n~rel\- Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs 1126 E'lst State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 F'lcsimile: (407) 327-4753 Thank you, Debbie Franklin CITY OF WINTER SPRINGS DEBBIE FRANKLIN DEPUTY CITY CLERK dbfranklin@winterspringsfl.org 1126 EAST S. R. 434 O WINTER SPRINGS, FL 32708 OFFICE 407-327-5965 FAX: 407-327-4953 Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the 10/31/2006 Page 4 of 4 use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. This e-mail message has been scanned for Viruses and Content and cleared by NetIQ MailMarshal PLEASE NOTE: Florida has a very broad public records law. Any written communication to or from City officials regarding City business is a public record available to the public and media upon request. Your e-mail communications may be subject to public disclosures. www.altamonte.org 10/3112006 ATTACHMENT "C" Page I of3 Andrea Lorenzo-Iuaces From: Carol Foster [cfoster@lakemaryfl.com] Sent: Wednesday, October 18,200610:23 AM To: Andrea Lorenzo-Iuaces Subject: RE: Public Input Inquiry Hi, Andrea. Here is your survey. I would be interested in knowing what other cities do. Thanks and have a great day. Hello, I have been asked to inquire of some surrounding cities as to your practices regarding Public Input at your Commission Meetings and Workshops. Could I please trouble you to answer whatever you can of the following and respond back, at your earliest convenience. (To make your response as easy as possible for you, you may want to "reply" and then copy and paste the questions, and then answer them). I) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Yes, Citizen Participation is after Unfinished Business and New Business. It is just before Reports b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? 5 minutes d) Are speakers required to complete some kind of form with their name, address, etc.? No, only state their name and address e) How is a speaker informed when their time is up? We use a timer that gives them a warning when their time is about up and then it signals when the 5 minutes are up. 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Same as above b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? Same as above c) How long does each speaker get? Same as above d) Are speakers required to complete some kind of form with their name, address, etc.? 10/18/2006 Page 2 of3 Same as above e) How is a speaker informed when their time is up? Same as above 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes No Depending on the subject, the Mayor/Commission may decide to allow public input. If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? No b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? No c) How long does each speaker get? n/a d) Are speakers required to complete some kind of form with their name, address, etc.? No e) How is a speaker informed when their time is up? n/a 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Yes No Normally not, but it does happen on occasions. 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes No The boards allow public input and may limit the time a speaker has if it's a controversial item and there are many speakers. Could you please attach any Policies or Resolution or other from your City that relate to this subject. Don't have anything. If you would also like to receive the responses and information that I receive, just let me know and I will forward that on to you. Thank you, A-n~re.t\- Andrea Lorenzo-Luaces, CMC City Clerk City oFWinter Springs 1126 East State Road 4-34- Winter Springs, Florida 32708 Telephone: (4-07) 327-5955 10/1812006 Page 3 of3 F~csimile: (407) 327-4753 em~il: ~lu~ces@winterspringsA.org Floricl~ Associ~tion of City Clerks Centr~1 E~st District Director Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e- mail in error, please immediately return it to the sender and delete it from your system. Thank you. 10/18/2006 ATTACHMENT "D" Page 1 of6 Debra Franklin From: Andrea Lorenzo-Iuaces Sent: Monday, October 30,20062:33 PM To: Debra Franklin Subject: FW: Public Input Inquiry For your information. Thank you, Andrea Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 Fqcsimile: (407) 327-4753 email : aluaces@winterspringsfl.org Florida Association of City Clerks Central East District Director From: Sarah Mirus [mailto:smijares@longwoodfl.org] Sent: Friday, October 20,20064:14 PM To: Andrea Lorenzo-Iuaces Subject: RE: Public Input Inquiry Andrea, As requested, here is my response to your questions: 10/3012006 Page 2 of 6 I) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council R~gularM~~tings? Yes If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Public Input is listed on our agenda as Item No.6 and under sub-heading A, the public can speak under Public Participation. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No, speakers do not have to be residents of Longwood to speak under Public Participation. Anyone from the public can speak under Public Participation. c) How long does each speaker get? Each participant is allotted 3 minutes. d) Are speakers required to complete some kind of form with their name, address, etc.? Yes, they are required to fill out a Request to Speak during Public Participation form. This form lists the date, name, address, telephone number, who they are representing, subject matter, and has this matter been discussed with staff. e) How is a speaker informed when their time is up? When a speaker's time is up, the Mayor will let them know and ask them to kindly wrap it up. 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Sometimes they allow public input, but it depends on the subject matter being discussed. If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? The Public will speak during the specific subject matter being discussed. The speaker will fill out a Request to Speak during Public Participation form. This form lists the date, name, address, telephone number, who they are representing, subject matter, and has this matter been discussed with staff. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? The speakers do not have to be residents of the City of Longwood to address the City Commission. c) How long does each speaker get? 10/3012006 Page 3 of 6 Each participant is allotted 3 minutes. d) Are speakers required to complete some kind of form with their name, address, etc.? The speaker will fill out a Request to Speak during Public Participation form. This form lists the date, name, address, telephone number, who they are representing, subject matter, and has this matter been discussed with staff. e) How is a speaker informed when their time is up? When a speaker's time is up, the Mayor will let them know and ask them to kindly wrap it up. 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? The Public will speak during the specific subject matter being discussed. The speaker will fill out a Request to Speak during Public Participation form. This form lists the date, name, address, telephone number, who they are representing, subject matter, and has this matter been discussed with staff. b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? The speakers do not have to be residents of the City of Longwood to address the City Commission. c) How long does each speaker get? Each participant is allotted 3 minutes. d) Are speakers required to complete some kind of form with their name, address, etc.? The speaker will fill out a Request to Speak during Public Participation form. This form lists the date, name, address, telephone number, who they are representing, subject matter, and has this matter been discussed with staff. e) How is a speaker informed when their time is up? When a speaker's time is up, the Mayor will let them know and ask them to kindly wrap it up. 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Depending on the subject matter, the Commission may allow for rebuttal. 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? 10/30/2006 Page 4 of 6 I'm not sure about this question, I would have to ask the Recording Secretary's regarding this question. Could you please attach any Policies or Resolution or other from your City that relate to this subject. I attached a copy of the Commissioners Rules & Regulations. If you have any questions, please let me know. Have a wonderful weekend! Sarah M. Mirus, CMC City Clerk City of Longwood 17 5 West Warren Avenue Longwood, FL 32750 407/260-3441 Telephone 407/260-3419 Facsimile From: Andrea Lorenzo-Iuaces [mailto:aluaces@winterspringsfl.org] sent: Wednesday, October 18, 2006 8:52 AM To: bbarbour@ci.oviedo.fl.us; Cindy Bonham; pewainright@altamonte.org; patw@Altamonte.org; dgardner@casselberry.org; tmcpherson@casselberry.org; cfoster@lakemaryfl.com; Sarah Mirus; Janice Goebel; dwilliams@itsmymaitland.com; dougherj@ci.sanford.fl.us Subject: Public Input Inquiry Hello, I have been asked to inquire of some surrounding cities as to your practices regarding Public Input at your Commission Meetings and Workshops. Could I please trouble you to answer whatever you can of the following and respond back, at your earliest convenience. (To make your response as easy as possible for you, you may want to "reply" and then copy and paste the questions, and then answer them). 1) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? 10/30/2006 Page 5 of 6 Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Yes No 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes No Could you please attach any Policies or Resolution or other from your City that relate to this subject. If you would also like to receive the responses and information that I receive, just let me know and I will forward that on to you. Th'!nk you, Andrea Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs 10/30/2006 Page 6 of 6 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluaces@winterspringsfl.org Florida Association of City Clerks Central East District Director Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 10/30/2006 CITY OF LONGWOOD FLORIDA CITY COMMISSION RULES AND PROCEDURES CITY OF LONGWOOD CITY COMMISSION RULES AND PROCEDURES Section A 1. Authority These rules are adopted by the City Commission pursuant to the provisions of Section 3.09 of the City Charter. 1.1. Basic Rules Underlying Parliamentary Procedure A. THE PURPOSE OF PARLIAMENTARY RULES IS TO FACILITATE ACTION Parliamentary procedure is designed to facilitate and help in the transaction of business rather than to hinder or obstruct. There are many rules used in governing parliamentary procedure, some of which are very technical. If properly applied, such technical rules are of valuable assistance in expediting business and in protecting the rights of members. On the other hand, these same rules can be applied in such a way as to create confusion, hinder the transaction of business or defeat an honest expression of the will of the majority. B. THE MAJORITY RULES It is generally understood that the final authority of an organization is vested in the majority of its members. The principal purpose of parliamentary procedure is to ascertain the will of the maiority and to see that this will is carried out. When that will has been determined through proper processes it becomes binding on the organization as a whole and upon each individual member. C. THE MINORITY MUST BE HEARD The minority has some basic rights which should be recognized and respected. They have the right to enter into the discussion of every proposal; to speak in opposition against any measure presented for consideration; to be heard on any question submitted to the assembly for decision. D. EVERY PROPOSITION PRESENTED IS ENTITLED TO FULL AND FREE DISCUSSION When a proposition has been presented to the assembly for consideration and decision the proponents of it must be given a fair opportunity to present its merits. The opponents must be given the same kind of opportunity to point out the faults of the measure. Each member of the assembly has the basic right to express his opinion fully and freely so long as he abides by the rules of debate and observes the proprieties in his conduct. CC R&P/1 E. DO ONLY ONE THING AT A TIME Experience has proven that it requires mental effort on the part of an individual to concentrate on one idea. In an organization that is composed of a number of persons it is often difficult to center attention upon only one proposition. If several propositions were presented at one time the assembly would be thrown into such confusion that it would be impossible to transact business properly. It is of greatest importance that the presiding officer and the members be ever alert to guard against infraction of this principle. F. JUSTICE AND COURTESY FOR ALL Upon first thought it might seem that this basic principle could be applied only to the conduct of the presiding officer. He can exemplify the spirit of courtesy by his manner and his action. "Where courtesy reigns, justice also prevails." 2. Meetings 2.1. Regular Schedule The City Commission shall meet on the first and third Monday of each month in regular session and on other days, as needed, to conduct City business. If any regularly scheduled meeting falls on a legal holiday, the regular meeting may be rescheduled or canceled by the City Commission upon seven (7) days notice to the public. 2.2. Special Meetings The City Commission shall meet in special session at the call of the Mayor or of three (3) or more members of the Commission. Notice of special meetings shall be given to each Commissioner at least 24 hours in advance of the special meeting. Such notice shall be served personally or left at the member's usual residence by the City Clerk or a designee. The notice shall also contain the time, place, and purpose of the meeting. The City Clerk will also notify the newspapers of the time, place and purpose of the special meeting. 2.3. Place of Meetings Regularly scheduled meetings shall be held in the City Commission Chambers located in the City Hall. Whenever the regular meeting place of the City Commission shall appear to be inadequate for members of the public to attend, the City Commission may authorize a change to a larger facility within the City limits of Longwood. A notice of such change shall be prominently posted on the door of the regular meeting place and two other places within the City. The City Clerk shall also give notice of such change in place of meeting to the press. 2.4. Time of Meetings Regularly scheduled meetings shall begin at 7:00 P.M. unless the Commission shall by majority vote in session, set a different starting time. 2.5. Length of Meetings The established time limit for all City Commission meetings shall be 10:00 p.m. unless the CC R&PI2 City Commission, by a majority vote, extends the meeting time. 2.6. Recesses Recesses may be declared by the Chair. 2.7. Change in Schedule Changes in the regular meeting schedule shall not be made except upon the approval of a majority of the members in session. 3. Public Notice of Meetings The City Clerk shall be responsible for providing the proper notice for all meetings of the City Commission. 3.1. Regular Meetings The City Clerk shall post a quarterly notice listing the dates, times and places of the regular meeting schedule. 3.2. Schedule Change Whenever the City Commission shall change its regular schedule of meetings, the City Clerk shall post a notice of the change within 3 days following the meeting in which the change was made. 3.3. Emergency Meetings If the City Commission shall reschedule a meeting under the provisions of rule 2.5 or call a special meeting under rule 2.2, the City Clerk shall post a notice of such meeting or change immediately and no meeting except emergency meetings shall be held until the notice shall have been posted at least 18 hours. An emergency meeting shall be held on the call of the Mayor or on the call of three or more members and only if a delay would threaten severe and imminent danger to the health, safety, and welfare of the public, or cause irreparable harm to the city or its citizens. 3.4. Notification to Media and Others The City Clerk shall notify, without charge, any newspaper, or radio or television station of such meetings schedule, schedule changes, or special meetings, whenever such newspaper, radio or television station shall have filed with the clerk a written request for such notice. Free copies of the agendas for regular and special meetings will be provided Presidents of Longwood Homeowner's Associations and to local government entities. The City Clerk shall also notify other individuals or organizations of regular meeting schedules, changes in the schedule, or special meetings, but only upon their written request and upon payment of the actual cost of duplication of the copies and postage expenses. The City Clerk shall mail all such notices pursuant to this rule by first-class mail. 4. Quorum, Attendance, Voting 4.1. Quorum Three members of the City Commission shall constitute a quorum, if physically present, for the transaction of business at all meetings of the Commission. No action of the Commission shall be valid or binding unless adopted by the affirmative vote ofthree (3) or CC R&P/3 more members of the Commission. CC R&P/4 4.2. Attendance Any member not able to attend a regularly scheduled meeting of the Commission should notify the City Clerk who, upon the request of the commission member, will present a request to the Commission that the member be excused from attending the meeting. 4.3. Voting Voting shall be by members present with no provision for proxy, absentee, or telephone voting. 5. Regular Meeting Agenda The City Clerk shall prepare the agenda of business for all regularly scheduled Commission meetings. The City Administrator or any Commission member desiring to place a matter on the agenda shall notify the City Clerk of such item by 12:00 Noon on the Monday preceding the next regular meeting and the matter will then be placed on the agenda. Any citizen may, in writing, submit a request to place a matter on the agenda by notifying the City Clerk not later than 12:00 noon on the Monday preceding the next regular meeting. The following information shall be furnished as a part of the request: name, address and phone number of requestor and, if applicable, person being represented, subject matter and the reason for requesting to be placed on the agenda. The Commission will consider the request and decide whether to place the matter on the next regularly scheduled agenda. All agenda items will be scheduled in the order received, except that all public hearings will be heard first. The Mayor or Commission may elect to modify the order of the agenda. 5.1. Special Meeting Agenda Whenever the City Commission shall be called into a special meeting, the matters to be considered shall be stated in the call of the meeting. 5.2. Distribution of Agenda and Materials The City Clerk will distribute copies of the agenda together with copies of reports, explanations, etc., that relate to the business matters coming before the Commission by 3:00 P.M. on Tuesday before meetings scheduled for the following Monday. The City Clerk will mail a copy of the agenda to every person having an item on the agenda on Tuesday preceding the Monday meeting. Additional copies of the agenda will be available to the public upon request and will also be placed in the City Commission Chambers for persons attending the meeting. 5.3. Order of Business The agenda will be arranged in the following order. 1. Call to order. 2. A moment of silent meditation led by the City Attorney followed by the Pledge of Allegiance. 3. Community Announcements. 4. Proclamations/Commendations/ A wardsIPresentations. CC R&P/5 5. Board/Committee Appointments. 6. Public Input. A. Special Presentations. B. Public Participation Period (30 minutes time limit). 7. City Administrator's Report. 8. Mayor and Commissioners' Reports. 9. Consent Agenda (See Sec.5A). 10. Public Hearings. 11. Regular Business (Other requests, Introduction of Ordinances, Resolutions). 12. City Attorney's Report. 13. City Clerk's Report. 14. Adjournment. 5.4. Consent Agenda Consent Agenda is defined as those items on the Commission Agenda which are considered routine by the City Administrator and City Clerk, e.g., Approval/Correction of Minutes, Approval of Bills, Monthly Financial Report, Authorization of Bids, Reports of Administrative Actions, and Agreements previously approved in principle, etc. 5.5. Public Participation Period A. Prior to the start of the Public Participation anyone wishing to address the City Commission shall submit the following information to the City Clerk: 1. Name 2. Address 3. Telephone number 4. Specific subject matter to be discussed. All subjects must be germane to city business. Subjects will be reviewed and questions that are not germane to areas of City business under the province of the City Commission will be referred to the City Administrator for resolution. Subject matter shall be clear and address a specific issue. 5. Whether the subject has been discussed with members of staff. CC R&P/6 B. The Mayor will call the individual's name and state the subject matter to be discussed at which time the individual shall take his/her place at the podium. C. All questions and remarks shall be addressed to the Chair and all responses will be from the Chair except when authorized by the Chair. The Chair will permit comments to be addressed to individual Commissioners and permit individual Commissioners to respond to those comments, if they so desire. D. There shall be a total of three minutes permitted for each participant. E. The City Commission will not attempt to resolve problems during a Commission meeting until the matter has been referred to the City Administrator for review and recommendation. F. The Chair may call to order any person granted permission to speak during the Public Participation Period who is out of order by failing to be germane or otherwise disrupting the proceedings. When a speaker has been declared out of order by the Chair they shall be seated. If the person refuses to be seated when declared out of order and/or if the person continues to be disorderly and disrupts the meeting, the Chair may order the person removed from the Commission Chambers for the remainder of the meeting. Actions of the Chair are considered actions of the Commission. Should any member disagree or disapprove of the actions of the Chair, that Commissioner may call a point of order and the Commission shall rule on the point of order. G. The time limit for discussions under the Public Participation Period shall be limited to 30 minutes. H. In no event will Public Participation be deleted or continued to a future meeting. 6. Conduct of Meetings 6.1. Chairperson A. The Mayor shall be elected annually at the first regularly scheduled City Commission meeting in May. B. The Mayor shall moderate and Chair all meetings of the Commission. In the absence of the Mayor, the Deputy Mayor pro tempore will assume the duties of the Chair. C. The Mayor shall have the right to make motions, second motions and participate in debate and discussions on all agenda items at regular and special meetings of the City Commission. 6.2. Permission to Speak Those members wishing to speak shall first obtain the approval of the Chair and each CC R&PI7 person who speaks shall address the Chair. Other persons at the meeting shall not speak unless recognized by the Chair. All persons in the Commission Chambers shall be addressed by any and all persons with respect. 6.3. Disorderly Conduct at Meetings The Chair may call to order any person who is being disorderly by speaking or otherwise disrupting the proceeding, by failing to be germane, or by speaking vulgarities. The Chair shall call the person out of order and request that they be seated and remain quiet. If the person shall continue to be disorderly and disrupts the meeting, the Chair may order the Sergeant-at-arms (Chief of Police or designated representative) to remove the person from the meeting. No person shall be removed from a public meeting except for an actual breach of the peace committed at the meeting. 6.4. Public Hearings The following procedure is recommended for Public Hearings. A. The staff will introduce each item for consideration, with comments and recommendations. The staff is requested to keep comments brief and provide a broad overview. B. The applicant or representative and those favoring the issue will be heard first. Those in opposition to the issue will be heard second. C. Comments should be restricted to pertinent information regarding the agenda item under discussion. D. Out of courtesy to others, we ask that speakers keep their comments brief and try to limit comments to information not previously discussed. If a group is in opposition, please have a speaker designated for the group. All those in agreement with the speaker will be asked to raise their hands so that the number involved can be recorded in the minutes. Speakers should identify themselves by name and address clearly for the record. E. Each speaker should be given the same respectful and courteous attention. The Chair will ask that there be no outburst of applause or outspoken comments on any issue and will not accept such in the chambers. F. The Clerk is required to retain as public records any documents, photographs, drawings, etc. that are shown to the Commission in support of an issue. G. The Commission may ask questions of speakers or staff members. After closing the public hearing and a motion has been made and seconded, discussion will be closed to the floor. Following Commission discussion, a vote will be taken. 6.5. Procedure - Miscellaneous A. Citizen Recognition. CC R&P/8 A Commissioner wishing to recognize a citizen(s) for an accomplishment shall first request approval at a regular Commission Meeting. The request may be made under Agenda Item 8. Mayor and Commissioners' Reports. The request shall include the name of the person(s) to be recognized with an explanation as to why the person(s) should be recognized. Upon approval by the Commission, the City Clerk shall schedule the presentation at the next regular Commission meeting and inform the recipient(s) of the proposed date of the presentation. A framed Certificate of Recognition shall be prepared for the presentation. B. Quasi-Judicial Hearings. The following announcement shall be made by the Chair prior to consideration of an agenda item that is quasi-judicial in nature (as provided by law): Anyone wishing to speak on behalf of or in opposition to the following Agenda Item(s) (specific agenda items to be announced) is requested to step forward to be sworn in by the City Attorney. Upon being sworn in, if you have not already done so, please complete the form titled "Request to Speak during Public Hearings". Return the completed form to the City Clerk prior to speaking on the item. The applicant shall have the right to cross examination of all persons speaking concerning the Agenda Item and those persons shall be allowed to cross examine the applicant. The City Commission shall be provided with a list of the quasi-judicial items to be considered at each meeting. All quasi-judicial hearings shall be conducted in compliance with the City of Longwood rules concerning said hearings. 7. Record of Meetings 7.1. Recording Responsibilities The City Clerk or her designee shall be responsible for maintaining the official record and minutes of each meeting of the Commission. The minutes shall include all the actions of the Commission with respect to motions. The record shall include the names of the mover and the second and the vote of the Commission. The record shall also state whether the vote was by voice vote or by roll call, and when by roll call, the record shall show the "Yea" or "Nay" vote for each member. The City Clerk will commence the roll call with the Commissioner to his immediate right and for each succeeding question, commence the roll call with the next Commissioner to his right until all members of the Commission have been called first. The City Clerk will call upon the Chair in the normal voting sequence. Minutes shall also be kept for meetings that are noticed which are not regular, special, or emergency meetings, but are meetings in which one or more City Commissioner may attend. CC R&P/9 7.2. Record of Discussion The City Clerk shall be responsible for maintaining a written summary of the discussion or comments of the Commission and of comments made by the public. The City Clerk shall be responsible for making an electronic tape recording of each entire meeting which shall be maintained for the period that complies with state law. CC R&P/l 0 7.3. Public Access to Meeting Records The City Clerk shall make available to members of the public the records and minutes of official meetings. The agenda will contain the following notice to the public. "All persons are advised that if they decide to appeal any decision made at Commission hearings, that they will need a record of the proceedings and for such purposes, they will need to insure that a verbatim record of the proceedings is made, which record to include the testimony and evidence upon which the appeal is made. The City of Longwood does not provide this verbatim record." Minutes prepared by the City Clerk but not approved by the Commission, shall be available for public inspection not more than 7 business days following the meeting. Upon written request, the City Clerk will provide copies of the minutes upon payment of the cost of the copies and postage expenses. 8. Voting Whenever a question is put by the Chair, every member present shall vote on all questions except when prohibited by a Conflict ofInterest. 8.1. When the City Clerk is directed to call the roll; no member is entitled to speak on the question, nor shall any motion be in order until such roll call is completed and the result announced. 8.2. In all cases where a vote is taken, the Chair shall decide the results. Any member may call for a division and the "Yeas" and "Nays" shall be called upon the request of the Chair or any member. 9. Ordinances and Resolutions The following procedure shall be followed with respect to placing ordinances and resolutions on the Agenda: 9.1. Ordinances or resolutions which are routine in nature, following a standard format, and generated by staff during the ordinary course of business shall be immediately placed on the Commission's Agenda for regular meetings by notifying the City Clerk of such ordinances or resolutions by 1 0:00 A.M. on the Monday preceding the next regular meeting. Examples of routine ordinances or resolutions are: Annexation Ordinances, Comprehensive Plan Amendment Ordinances, Rezoning Ordinances or Bank Account Signatory Resolutions. 9.2. Ordinances or resolutions which the Commission instructs the City Attorney to prepare shall be placed on the agenda after they have been prepared, reviewed and approved by the City Attorney and the City Clerk has been notified or on such other agenda as the City Commission may direct. All documentation being presented to the Commission shall be in final format prior to being adopted. 9.3. Ordinances or Resolutions which are generated by business or transactions which the City Commission has previously authorized shall be prepared as necessary and be placed on the agenda, after being reviewed and approved by the City Attorney and after the City Clerk has been notified. Examples of this type would be ordinances and resolutions generated during a Bond transaction. CC R&Pl1l 9.4. Public input will not be permitted during the first reading of ordinances. Public input will be permitted during public hearings following the second reading. 9.5. All other proposed ordinances and resolutions other than those referred to in 9.1., 9.2. and 9.3. shall first be brought to the attention of the Commission by the City Administrator as a report and listed on the Agenda under the City Administrator's Report on the Agenda. All reports on proposed ordinances and resolutions shall contain memorandum from staff concerning the proposals. 10. Rules of Order The current edition of Parliamentary Procedure Basics for Governmental Bodies, Agenda Associates, is adopted as the Commission's procedural rules except that the State Constitution, State Statutes, City Charter, City Ordinances, and other provisions contained herein shall prevail in the event of a conflict with Parliamentary Procedure Basics for Governmental Bodies. Each Commissioner shall receive one copy upon election. Robert's Rules of Order, 10th edition, shall be used as authority over any matters not covered by the Parliamentary Procedure Basics for Governmental Bodies. 11. The Parliamentarian 11.1. City Attorney Designated the Parliamentarian The City Charter designates the City Attorney as chief advisor to the City Commission. This resolution clarifies and expands the definition of chief advisor to include designating the City Attorney as the Parliamentarian. 11.2. Duties of Parliamentarian It is the responsibility of the Parliamentarian to advise the Mayor or presiding Commissioner on questions of procedure in transacting the business of the Commission legally, efficiently and impartially. Questions or inquiries intended for the Parliamentarian should be addressed to him through the Mayor or presiding Commissioner, who, in turn gives the answer if he or she knows it, or gets the answer from the Parliamentarian. The Parliamentarian does not hesitate to advise the Mayor or presiding Commissioner when serious errors occur, but the responsibility for the decisions rests with the Mayor or presiding Commissioner, who is in control. The Parliamentarian's opinion is purely advisory. Section B 1. Attendance at Conventions/Conferences Funds budgeted each year under the Commission's Budget, for Commission Development shall be equally divided between the five commission members to be used for purposes of attending conventions, conferences, and seminars, and for the cost of travel and per diem expenses related to the attendance at same. Commission members wishing to attend a seminar or a conference, where a registration fee and/or costs related to meals, travel or CC R&PI12 lodging would be incurred and for which the Commissioner seeks payment or reimbursement, or the use of a City vehicle is desired, shall submit the request in writing for consideration by the Commission, as a regular agenda item at a regular Commission meeting. The request shall include the following information: mode of travel; length of the meeting or conference; expenses related to registration, travel, lodging and meals; and an explanation of how the people of Longwood will benefit from the member's attendance. No mileage reimbursement shall be paid to Commissioners using their personal vehicle for trips under fifty (50) miles one way. However, use of the City pool vehicle may be requested for trips of any length. If use of the City pool vehicle is requested and permission is granted by the City Commission, the mileage shall be tracked from the point the car is signed out to the time the car is returned. The number of miles, at a per mile rate as determined by the Florida Statutes for reimbursement, shall be deducted from the Travel and Per Diem account of the requesting Commissioner, the same as would have been compensated for trips over 50 miles had the Commissioner used his/her personal vehicle. The exception to this would be when two or more Commissioners and/or staff members drive together in the pool car, in which case, there shall not be any deduction for mileage from the individual Commissioner's account. Unless otherwise provided herein, all reimbursement shall be pursuant to Florida Statutes. ****** The Commission Rules and Procedures were adopted and subsequently amended by the following Resolutions: Resolution No. 88-610 - January 18, 1988 Resolution No. 88-626 - November 21, 1988 Resolution No. 89-638 - August 7, 1989 Resolution No. 90-649 - February 5, 1990 Resolution No. 90-654 - May 7, 1990 Resolution No. 91-669 - January 21, 1991 Resolution No. 91-670 - February 4, 1991 Resolution No. 91-685 - October 7,1991 Resolution No. 91-686 - November 4, 1991 Resolution No. 92-698 - May 4, 1992 Resolution No. 94-738 - January 3, 1994 Resolution No. 94-762 - May 16, 1994 Resolution No. 96-846 - June 3, 1996 Resolution No. 97-896 - March 17,1997 Resolution No. 98-939 - Apri16, 1998 Resolution No. 99-993 - September 7, 1999 Resolution No. 99-1007- December 20, 1999 Resolution No. 01-1022- January 15,2001 Resolution No. 02-1045 - February 18, 2002 Resolution No. 04-1110 - November 1, 2004 CC R&P/13 ATTACHMENT "E" Page Iof3 Andrea Lorenzo-Iuaces From: Barbour, Barbara [bbarbour@cityofoviedo.net] Sent: Wednesday, October 18,20069:06 AM To: Andrea Lorenzo-Iuaces Subject: RE: Public Input Inquiry From: Andrea Lorenzo-Iuaces [mailto:aluaces@winterspringsfl.org] Sent: Wednesday, October 18, 20068:52 AM To: Barbour, Barbara; Cindy Bonham; pewainright@altamonte.org; patw@Altamonte.org; dgardner@casselberry.org; tmcpherson@casselberry.org; cfoster@lakemaryfl.com; smirus@ci.longwood.fl.us; Janice Goebel; dwilliams@itsmymaitland.com; dougherj@ci.sanford.f1.us Subject: Public Input Inquiry Hello, I have been asked to inquire of some surrounding cities as to your practices regarding Public Input at your Commission Meetings and Workshops. Could I please trouble you to answer whatever you can of the following and respond back, at your earliest convenience. (To make your response as easy as possible for you, you may want to "reply" and then copy and paste the questions, and then answer them). I) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? We have a "public comments for items not on the agenda" item on the agenda at the beginning of the meeting. There is a 3 minute time limit. b) If Yes, under this portion ofthe Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? 3 minutes (Chairman usually asks them to wrap up comments if going over time limit. ) d) Are speakers required to complete some kind of form with their name, address, etc.? We have a public comments request to speak form. They are allowed to speak even if they do not complete the form. e) How is a speaker informed when their time is up? Chairman advises them (Vice chairman has 10/18/2006 Page 2 of3 a timer and alerts chairman when the 3 minutes are up.) 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Sometimes. Chairman usually asks council if they want to have public comments. If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 3) Do you have any kind of Public Input during your Commission/Council Workshops? Generally only when citizens are participating in the work session. If there is someone in the audience that Council may want comments from they will ask them if they have any comments. If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? b) If Yes, under this portion ofthe Workshop, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? No 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? The clerks office does not attend advisory or committee meetings so I can't provide any info on those to you. Could you please attach any Policies or Resolution or other from your City that relate to this subject. 10/1812006 Page 3 of 3 We have no written policy or resolutions on this subject. If you would also like to receive the responses and information that I receive, just let me know and I will forward that on to you. Thank you, Andrea Andrea Lorenzo-Luaces, CMC City clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 F'lcsimile: (407) 327-4753 email: aluaces@winterspringsfl.org Florida Association of City Clerks Central East District Director Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. PLEASE NOTE: Florida has a very broad public records law. Most written communication to or from city officials regarding city business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure WYf'I'!.Gi!YQfQViedQ,!1e.l 10/18/2006 ATTACHMENT "F" Andrea Lorenzo-Iuaces From: Sent: To: Subject: Janice Goebel [JGoebel@Apopka.net] Wednesday, October 18, 2006 9:23 AM Andrea Lorenzo-Iuaces Re: Public Input Inquiry 060ct18 Public Participation Agenda.doc (53 KB) Form.pdf ... 1) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Our meeting agenda lists the following: OLD BUSINESS 1. Council 2. Public NEW BUSINESS 1. Council 2. Public b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? The following is the wording on our NOTICE OF INTENT TO SPEAK AT PUBLIC HEARING card: WE ASK THAT YOU LIMIT YOUR PRESENTATION TO THREE (3) MINUTES, OR AT THE DISCRETION OF THE CHAIR, TO ALLOW EVERYONE TIME TO SPEAK AND THE CITY COUNCIL THE OPPORTUNITY TO ADDRESS YOUR COMMENTS, CONCERNS, OR QUESTIONS. THANK YOU. d) Are speakers required to complete some kind of form with their name, address, etc.? They are requested to complete the form, however it is not a requirement to speak. e) How is a speaker informed when their time is up? Presently, the Clerk, sitting on one end of the dais, and the Deputy Clerk, sitting on the opposite end of the dais, will time the speaker and hold up a yellow card at 2 min30 sec, and a red card at 3 minutes. The Mayor will inform the speaker if they need to wrap it up or he may allow them to so a little over to complete their comment. We are in the process of purchasing a time clock with lights for the speaker stand (remote access) . 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Yes No 1 If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Same as the regular meeting. Mayor Land will not prohibit public input, only place restrictions on it. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? Same as question l(c). d) Are speakers required to complete some kind of form with their name, address, etc.? Same as question l(d). e) How is a speaker informed when their time is up? Same as question l(e). 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes No Depends on the nature of the workshop. The Mayor will inform those in attendance that it is a workshop for the Council, however he will allow public input if their comments will benefit the purpose of the workshop. If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of or Workshop, short of them being either the Applicant or their Representative in discussion? a meeting the Yes No 2 Once it is brought back to the Council, generally there is no further public input; however, it is again at the discretion of the Mayor. 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes No I do not work or attend those meetings, so cannot comment. Could you please attach any Policies or Resolution or other from your City that relate to this subject. Meeting Agenda and NOTICE OF INTENT TO SPEAK AT PUBLIC HEARING card attached. If you would also like to receive the responses and information that I receive, just let me know and I will forward that on to you. I would appreciate receiving a copy of the responses. Janice G. Goebel, CMC, RMPE City Clerk City of Apopka PO Box 1229 Apopka, FL 32704-1229 Phone: 407-703-1704 Fax: 407-703-1720 Email: jgoebel@apopka.net 3 ATTACHMENT "G" Page 1 of2 Andrea Lorenzo-Iuaces _N"W=N~'___--<"""'___,"~NNNN=N___"""",,"'N_v""-~.',~W,Y_=NNNN~~_N-,-,--_"_~_'_N~~N~""W"N_~N~____~~__N=N_____~N~Y"'=~'="'__~N^WN,'W~~~_"W_"'~''''-"0"'''~~'^'_N_.,.__n~ From: Donna Williams [DWilliams@cLmaitland.fl.us] Sent: Wednesday, October 18,20069:58 AM To: Andrea Lorenzo-Iuaces Subject: RE: Public Input Inquiry Hi Andrea: Here is Maitland's response from Donna and Maria: 1) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? We have a separate Public Period where a resident can bring an item to the attention of the Council that is not on the agenda. The Council also takes public comment on each decision item. (As an example, go on our website and view a sample agenda.) b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? Yes, residents or businesses owners in the community. c) How long does each speaker get? 5 minutes. d) Are speakers required to complete some kind of form with their name, address, etc.? No. e) How is a speaker informed when their time is up? We use timing lights preset for 5 minutes - the lights are green, yellow (when one minute left) and then red. 2) Do you have any kind of Public Input during your Commission/Council Sp~GialM~etings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Same as above. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? Same as above. c) How long does each speaker get? Same as above. d) Are speakers required to complete some kind of form with their name, address, etc.? Same as above. e) How is a speaker informed when their time is up? Same as above. 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? Yes, Public Period only. b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? 10/18/2006 Page 2 of2 Yes or business owners. c) How long does each speaker get? 5 minutes. d) Are speakers required to complete some kind of form with their name, address, etc.? No. e) How is a speaker informed when their time is up? Timing lights. 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Yes No X (only during public comment period under each Council decision item) 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes No - Not entirely. However, they do provide for a Public Period at each meeting. Could you please attach any Policies or Resolution or other from your City that relate to this subject. Have sent it to you via fax. Do not have it electronically. 1 0/18/2006 Please let us know if we may be of further assistance. " ~.(1 l I, ~ nl:' ."i~;:,:iI ~:7::, ',:.rl il!" ).'1: I ~: I I~, II i,II'I,1 I:~ I 111 ~ l:i'll ~I I inl ).11:11 I,~! II 11,1 In I ~ I: 1'" I,} i 1," ;ll j'Ji .,J.r r'; I II' I' Notes/Comments: I!: Attached plea.se fmd a copr of the City of Maitland CouocjJ ]{ules of Procedure. Ret,:l~ ~,',:i~tfuJJY, the copy J.S a "work In progress" Slnce several chang-es have been made and we ar.e :;"~lUt to reprlnt in pamphlet form, However, the information lS complete. Itll I (I' ,: ~ FACSIMILE TRANSMITTAL SHEET FAX (407) 539-6282/Phone: (407) 539-6219 ~:eJL CITY CLERK'S OFFICE City of Maitland 1776 Independence Lane, Maitland, Florida 32751 ~-::r 'O'r:'::~,~~ ., ,t! Date: October 18, 2006 To: Andrea Lorenzo-Luaces Company: City of Winter Springs FAX Number: 407-327-475.' Total # of Pages: 5 Prom: Doona 1. Wmiams Re: Councj] Rules of Procedur.e I' : I I I I I I 1 I .Li".. ['I I I I If any paxt of thIs Fax transtnlsston is mtssing or not cleady received, please <:I'~I\; Donna/Joyce (407) 539-6219 : I r'J; I~. it RuIEi~ I' Ofi~ r= procecIJre ~~:'t~!i' II;!' 1,1""'" 11" . I '"'' I"" '.l3: mi;W M I",;",.~. I ~'f",:,:,;':.,.'l,," ~';, y ~ T ~~~.. A I SERVI~'i:l,:,~ N c iL D ~' ", Res l~...!'."..!'..'.'!"t.....i...:.."..'. n S i. b I e .~ . eS]lItnSlve es~~ctful e 1 ill,i!b 1 e !.!.'\.il. Nil, I I ,I:" \cd RI~ 1:'1 -:"",'.,,,;., ,J!!I';;; I~"!''''I ,:!:r", ~I... 1,Il/i.I ,"!!I,;II If"I" MAITLIN D fi!l~ l'll1.!...".,'. I!~i I.ff" "ili "I !I: ~tlf. III'~ !~m!~, City Council (jl\lleetings , .";:'."1"" ~~'(' 1.'.:....,.1 h~it ~'wl'.",' ','iII. 'I,ll ~\yl,,' lit' tl,IIJ "~"'~ ~"~ "Il~., "":i iii, ~" "~~ ~Ii ti!~ '.'''It i#'. 1;11, i~"" '.'~. t: ~~I; r...il,li.. . 1;111' 1~1~ 11'.1 ~ I It:i RULES OF PROCEDURE FOR MAITLAND CITY COUNCIL MEETINGS RFGUI AR MEETING PROCEDURI;: A. Speakers-an Individual wishing to address Council mu.!.t be a reSldent.- 4. property own er"lthln Maitland, This requirement Is suspended tor legally ad~er. ti&ed hearings and when a member of Council reque$t~ a speaker by name, 6, Time Limits-the time limit for each speaker shall be live minutes per agenda Item, Howeller, speakers may submit written statements to augment their oral presentation to Council. Groups w;1I be limIted to three spukecs No spesker will be interrupted. but may be qUB!itioned by Council when linished speaking C When the PubliC Can Not Speak--an individual may address Council only aHer being recognized by the Mayor or presiding Council member. Once public diS- cussion isclosed.the Council will convene to take neCllS.5ary actions and no more comments Irom the public will be received unless a majority consensus of Coun- CIl re-opens the public discussion. D, Standing Rules--The following order is followed for each agenda item 1.The City Manager, City Anorney, or staff member present$ the Item to Council 2The Mayor recognizes the requestor/petitioner, as appropriate, to address trll,! issue to Council. 3.Th8 Mayor requests public comment 4,The Mayor closes public comment. and opens requests from any Council mem- ber for clarification or elaboration of tl'le Item; a Council member may reque~t clarification from anyone present. S.At the ~OS8 ot tne clarification period, the Mayor sl'lall entertain mOMns irom any member of Council. E. Special rules-Any agenda item may be considered under special rules if a majority of Council agrees by formal motion. The motion mus.t be passed during the timll periOd set aside far the ,nitial presentation of the item. The motion must specify the orderto be followed in considering tM agenda item. The mol ion may specify various time limits for the ord@r of consideration of the item. .., <:II( &"'S,.c.lIl"S.1: O(.IJ,tJ~ ~ It. .,..."'I/(.. elrlt.~rrNl,4-n VF ( 4J1-J,j..o) ,1\'11; j~ll i.I/'1 )',il ii' I ~~. ,ill 'I lP'I!I. ,#.1 ~.~ ~I . ~ n,~:1 \ ,'lr~II,' 'i;1 '1'''1'' If I ORPEFl OF BUSINfSS l~li 1;11 Agen~a. The meeting shall proceed, whene~~!i~~oSSlble. In accordance With 8 lenta, Ilvo agenda Wh,ICh shall be developed b\l,~i!6,""',",..,. Mayor and the City Manager 'J~I'1 .ltleo)t,t OMl week pnor to the scheduled Cou~:"~;JI::reeting The AgEln:la shall 'fl' Clude Item!! requested by any member of coun'!i!nd items from the publicwhi::h are can/fled by the City Clerk It shall be pO~,I~II",;;:at City H,~1i and distributed te b f Co . -)illl[ mem ers 0 uncI!, tt'l. City Attorney, and "press by the City Clerk upon receipt from the City Manager. An agenda ite the public must be rec&ived by the City CierI< two weeks or more prior io eeting. The Mayor, Ccunctl Mem~ers, and City Manager may pl!1ce em."J:!li~\cy Items on the Agenda up to SIX (6) hours prior to the meeting with notice llti>;,!~ Cily Attorney. the press. CIlI' Clerk, and Council members If pOSSible 1 ~ Sequence of Agenda items shall be , I ' I, 1. Special Presentations, Recognitions, Aw<<rl'!~11 2 PubliC Hearings i ,,: 'fl. Public Period 2. oU BVS'fJUt!sr:-I'! ~, PoliCy Decision Items I, i I" /')S, Consent Agenda ' .1 ., i Council DiSCussion 1 :1 K~ Adjournment il r<: II 'I PUBLIC HEARINGS are usual.IY. for ardinance!~:"';i"resOIJJliOnS U1a,t have Stlltutory reqlJlCements for legal advertISIng and hearin~I...::1Ho"'evllr, the Council may call for a public hearing on any item. as desired. t~!;':'bY allowing residents and non. residents of Mallland to speak, 1 PUBLIC PERIOO-a reSiden(r;,~bring forth arIM,\'!1,',r,':'SU9 thai Is not an agenda item The Issue should be one which could nOl be reftr'ed by the CIly staff prior to the meetIng Council action will normallybe p03tP1i~dto a futuredatefor Btaff review and comments, unless it is of 8n emergency n,'!j':fte. ThiS period is also for item, of general Information to the Council requiringil~:lla::tion I ' POLICY DECISION ITEMS-any Item which w!ll.1I,~t!qulte action or passage of an ordinance or reSOlution will be disclJssed at tM~jl>>::me. A ResolutIOn is an expr/;s, Slon at a temporary char::.cter, or a provision fort#.I.,:t diSPosition of a pamcular 'tern of the IlOmlrllstrallve business of the city and c~rbe passed the same n'ghltllal ~ IP' ~ r~ ria. PtJ~ F44~'"f!! 1'1.k- ~A.JS t:n\JI It'- e.-,ub~ J T I.VIL.L. Jj{:""' ~.L.A-(lrl,~,'I''/J AT WIF eM br< ,f-tc,,- POLccJ{ .:D"-CISfON'J.11~,. S POII'!:1lo,J o F ~- f:\Q,lC1\l t)A. (\0 !va-I~~r) H ~....r;~r~~e:~~1;;'~'~}J=) I I ills presented. AIl ordinance is an official legislalive action, which action Is a regulation of a general and perm!lnent nature and enforceable as local Is...... At\ ordinance mur:t be introduced, p!issed on first reading, and a public hearing dale Se1 (for most ordinances, this lime frame is two weeks later). After the public haar- '"g is held, the ordlnanca can be read for th~ second time and adopied. (There arB exeeptioneto advertising requirements for some reJ:onlngs and amendments to the CDP). Both resolutions and ordinances can be amended or repealed wllh a document of equal stature. A resolution can be ~persed.d by an ordinance. CONSENT AGENDA-aeceptance of minutes of Council, advisory boards and other items of a routine nature will be acted upon by Council in one motion. If dis- cussion is requested on any item, It shall be removed for separate consideration by requnt 01 any Council member. COUNCil DISCUSSION-covers all other agenda Items not included above, and which do not require immedIate Council action. M example of these topics are the City Manager's and Councllmen'e reports ADJOURNMENT -by procedural motion, Council may adjourn the meeting prior to tM completion of the ~enda. lIems remaining may be placed on the agenda for tMe nftxl meeting. APPOINTMFNTS TO BOARDS COMMISSIONS AND COMMITTEES When an Bgenda Item requires Council to fill a position, the Mayor sl'Iall Introduce the Item with a request for nominations from council memb.rs.~- ii Qn~ ~ llc<!>IR8e. \1'16 MIl;er llRpll d'"'('l.r~ tR~ ..fto:t'.. an t..., afllilOiMee. If there are two or more, the Mayor $hall allow dlscus9ion on the nominees, then shall dIrect tne Clerk to poll tach member for a name to fill the lIacancy from the list of nominees. The Clerk shall announ~ the number of \/Otes fOl' each name, The Mayor shall declare the name with the moet \/Otee Ill: the appointee. In the event of a tie the Mayor shall direct a second poll by the Cletlc for the nomineeS who were tied. OUORUM Tl1ree members constitute a quorum. No actIon shall be valid or binding unle~ , adopted by t"e aHlrmative vot8 of three or more member5.,r.~, 200.96& If) faT .....<<\111. u f&.U.8ffjr"'''.;''' "'II'". In either case, a conflict of interest for one or more '* ~ ~ 15 ,a..N E"'QU,4-(.. N()m~ DF IV" /1It I AJ er"8" S ~ ~ t<Hur V Ae..A-N~ i!:5 I TlJ.tr' "'<)Or'\"l.\ t\J e-t: ee-~I.J ~,u,;-S A ~",.tl .,fl.N[J 11 '""ffi.l e.b Yo ~ /J.Pfb INTlrl; . ~ 01 ()ICJ'l) :I"'i' , ... ri~ '"I'''''' ll.';0:(' members prs~ent can result In a quorum not belli;,I'.,:"',:~:,::'.~.'.',:i,,:present for a specific agen- ~~m. . \"'1"'"' '1.0 G ~!. TIN r,.,e:i;; '''I,' f:i!!I"'!, ~(, , ~~ C VOl/ng, except on procedural motion, shall be by ''ij)i'J:call from the City lark, wtlo shall rotate among Council member~ the name il!f.d first, but shall always call the Meyor last. Voting bi proxy is prohibited. ArT\~.~,~ber of Council presentwtltn a vote IS taken MUST vote aye or nay unless a CiI\il.'I:;;Iict of lntere~t, as daf.ned by F.S, 112.3143, e~ists. H such a conflict l!)(lsts. t~1ember 01 Council must diS- close Ihe voting conflict and his interest In the Pi ""';::Ccular ma.ner belore Councll. I!tt and MUST ABSTAIN from any vote talcen on a ' malter. A Council member may participate In the discussion of B matter for h he has declared a conflict of interest ONLY after providing a written me ndum, which sl'1all become public record and shall be made panofthe min,and shall 00 read pubhclyat any meeting. prior to consideration of the matt rtlclpst.on In tha discu~lon MUST NOT be an attempl to Influence the lIot ther members of CounCIl. A member of Council has a conflict when the m inures to his special private 9aln or the special gain 01 any principal, by wh uch Councllmsn is relained. If 1M member of CounCil doel: not participate In Iscusr:ion, the member shall vocalize to the assembly tM nature 01 his int.r d within t5 dayi thereafter must file a disclosure with the City Cleric whichi~i':'.81l become public record and !,.....'Jt.1 recorded In the minutes.' ,\1;1\:, .~' ". ' \' "I 'I PRESIDiNG OFFICER H ,'" I ~ ~ ~I,JI The Mayor presides al Council meetings. The V~t~'Mayor presides In the Mayor's absence or abg'(ention due 10 conflict of interestl:t"n the Mayordesires to make or to second a. motion. the Vice-Mayor shall ~Id& until the cor'tchJsion of the vote on the mOlion. Upon tM absence of bOtj)::~e Mayor and Vice-Mayor. the t:i1'f City Clerk shall call the Council to order, where :"'0~ a tempor&l)'presiding oHicer (~I.l. shall be elected who shall be governed under ~~ rulee in the same manner as the Mayor. I Jil,n" 1\lj lul, I ~I H~;I l " " ' MANNER OF ADDRESS Ev€>ry member. while apeakinQ. shall confine &hllll refrain from personalities aod shall not r cil except in a respectful manner. (Code 2-35 'I 'I I II li:I:1 Hl'il I ~I, d! I~ \1 11~ II 1;' 1 '".,11"1'1' 141 d.! ,,,,,'ll :bli i\ll! iH lil',l'l I!I,I 'I' II,,!,I[ i ~ll' i ~ "i ,a,,1 11 to the r:ubject under debate, to any other member of Coun- Mt;ETING CONDUCT If any member, in speaking or otherwise, transgresses the rules oi the Council, the proslding officer shall, or any member can, call him to order; in which case the member so called to order shall immediately cease discus!:ion unls$:> per- mitted tly the presiding officer to expl::un; and the Council if appealed to, shall decide the question without debate. If \he decision Is in favor of tM member $0 called to order. he shall be at liberty to proceed; If otherwi$E!, he ~all not proC1led without leave of the council to proceed In order. (Code 2-3:3) A member of the council wishing to speak shall respectfully address the chair, and shall not commence to speak until recognized by the presiding officer. When twO (2) or more members request to speak at the same time, the presIding officer snail determine which one is recognized. (Code 2-34) Time umltation on Debate-No member shall tpeak more than twice or for more than fifteen (15) minutes continuously to anyone question, except that one or more additional periods of fifteen (15) minutes may be granted by majority con- sent. The reading of papers desired by any member shall be read by t1imselt or tly the City Clerk within the member's time limitation unle~ permission for the Clerk to read such paper outside the time limitations is granted by a majority. (Code 2-35) Interrupting Speaker-Unless II memberwM has the floor yields for that purpose. no member shall imerrupt another while speal<ing. e)(ceP1 to propound a par- liamentary inquiry or make a point of order. (Code 2-37) Conduel of Spectators- a) EJ<cept during such p.rlods of time at Council meetings as the City Council shall sel aside for public discu"ion.lt shall be unlawful for any per!lon present as 8 spectalorto interrupt or disturb the proceedings In any manner by voice ,actions or otherwise (Code 2-38(a)) b) During periods set aside for public discussion of any nature, any person deslr. ing to speak shall secure the permlsslon of the presiding officer by first silently raising his hand and being recognized. The use of profanity, obscene language, threat!: or any violent or abusive conduct by any person shall constitute a viola- tion of the City Code. (Code 2-38(b)) i:t'!. I I c) tl shall be the duty of the Chief of Pol\~ or a m"4tJler of th~ Police Depart- ment, upon the order of the presiding officer at anY~li,th meet.ng, to torclbly If neC83$11ry, evict any person VIolating the pro"iSlonSC,Hr1S section from the Coun- cil meeting Chambers. MY such violation shall subilJ;r&t the offender. upon con- I vlction there otto pu nishmen t a9 pre seri bed by Sectl{tll' r,.a of the City Code, (Cod e 2.38 (en EAFlLIAMENTARY PRQCFSS Except for these or otner rules and order of busin;;j,J adopted by the Council. Robert's Rules of Order govern and apply (Code ;~\,"I") ~CEPTIONS These rules can be suspended temporarily for a spll1kr'~'IC purpose of an emergen- cy nature by avole of ail members present. Motion~I',-I*,st be made and seconded to be consider8d (Code 2-32) MffTlNGS All meetings of the CIty Council are putllic meeti~~rl'+i!nd the ciuzenry is invited and encouraged to attend. ~ 7:00/'" The Council will meel the Mcond and founh Mond"1,r.I.bf each month a~.m., City Hall, Council Chambers. ThiS may be changlld"';'" canceled by motion of the Council and thaI! oe follo",*d wIth proper and due "";H'lf,catiofl to tM public by the City Cleric Special meetings may be called by the Mayor or I.'f' [,:equest of three (3) or more members of the Council upon no less than 9i)( (6'II~ii:."'IJrs notice to 93ch member of ltle Council and the City Clerk, who shall nOlltl'itl;yk, press. (Charb~r 2.11) It shall be the duty of the City Council to meet ,,,Jl!l'ln three (3) dilyt after any regular or special election to canvass the returns It+ Icluch election and to certify as to the results of such election and as to who au,.,' '-Cled to fill tM offices voted for at suCh election. (Code 2-17) . AOOPl8<l by 1M Cl!yCouncll 14U"rch lll81l. .. A. <pecia~ 1r>an1Cll ~ 10 c.:.ur>e<lman P.oben &r.lW~ lOf' ~m~ and ,,"on on f~ l'\ul.... aM f'roe-.lu... for M..\Iand CIly Counc:ll. -If. (!.~wc.1Cj) "'B'f c...o,Je,tL /'t1tJ77a# (Pitt.! II. A TT ACHMENT "H" Debra Franklin From: Andrea Lorenzo-Iuaces Sent: Friday, October 27,200610:24 AM To: Debra Franklin Subject: FW: Public Input Inquiry You may have to have this re-sent. Thank you, Andrea Anqrea Lorenzo-Luaces, CMC City Clerk City otWinter Springs 1126 East State Roaq 434 Winter Springs, Floriqa 32708 Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluaces@winterspringsA,org Floriqa Association ot City Clerks Central East District Director From: Cindy Bonham [mailto:CBonham@cityofwinterpark,org] Sent: Thursday, October 19, 2006 1:33 PM To: Andrea Lorenzo-Iuaces Subject: FW: Public Input Inquiry From: Andrea Lorenzo-Iuaces [mailto:aluaces@winterspringsfl,org] Sent: Wednesday, October 18, 20068:52 AM 10/2712006 Page 1 of 14 Page 2 of To: bbarbour@ci.oviedo.fl.us; Cindy Bonham; pewainright@altamonte.org; patw@Altamonte.org; dgardner@casselberry.org; tmcpherson@casselberry.org; doster@lakemaryfl.com; smirus@ci.longwood.fl.us; Janice Goebel; dwilliams@itsmymaitland.com; dougherj@ci.sanford.f1.us Subject: Public Input Inquiry Hello, I have been asked to inquire of some surrounding cities as to your practices regarding Public Input at your Commission Meetings and Workshops. Could I please trouble you to answer whatever you can of the following and respond back, at your earliest convenience. (To make your response as easy as possible for you, you may want to "reply" and then copy and paste the questions, and then answer them). 1) Do you have any kind of Public Input other than during Public Hearings during your Commission/Council Regular Meetings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? Near the end of the agenda. Called New Business (Public) - Also allowed to speak on any consent agenda item and city manager report items b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? 4 minutes d) Are speakers required to complete some kind of form with their name, address, etc.? Asked to but not required. e) How is a speaker informed when their time is up? 1 0/27/2006 Page 3 of Clerk uses a timer and the buzzer goes off. 2) Do you have any kind of Public Input during your Commission/Council Special Meetings? Yes X No If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of Meeting for the public to comment? When is it held? And what is it called? No, they are allowed to speak after each item. b) If Yes, under this portion of the Meeting, do speakers have to be residents of your municipality? No c) How long does each speaker get? 4 minutes d) Are speakers required to complete some kind of form with their name, address, etc.? Asked but not required. e) How is a speaker informed when their time is up? Timer - buzzer 3) Do you have any kind of Public Input during your Commission/Council Workshops? Yes No X If, Yes, please answer the following: a) Do you have a separate time set aside during this kind of a Workshop for the public to comment? When is it held? And what is it called? b) If Yes, under this portion of the Workshop, do speakers have to be residents of your municipality? c) How long does each speaker get? d) Are speakers required to complete some kind of form with their name, address, etc.? e) How is a speaker informed when their time is up? 4) Do any speakers have the opportunity to rebut any comments made you Commission/Council, City Manager, City Attorney, or staff through the course of a meeting or Workshop, short of them being either the Applicant or their Representative in the discussion? Yes No X 5) Does the above also apply to your Advisory Boards and Committees Meetings and Workshops? Yes X No Main boards in the city but they have their own rules regarding forms and time allowed to speak. Could you please attach any Policies or Resolution or other from your City that relate to this subject. Sorry don't have one. If you would also like to receive the responses and information that I receive, just let me know and I 10/27/2006 Page 4 of will forward that on to you. Please Thcmk you, A-n~rett AndreCl Lorenzo-LuClces, CMC City Clerk City o(Winter Springs 1126 EClst StClte ROCld 434 Winter Springs, FloridCl 32708 Telephone: (407) 327-5955 FClcsimile: (407) 327-4753 emClil: ClluClccs@winterspringsA.otg FloridCl AssociCltion o( City Clerks CentrClI EClst District Director Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 10/27/2006 ATTACHMENT "I" CITY OF AL TAMONTE SPRINGS COMMISSION AGENDA October 17, 2006 7:00 P.M. - REGULAR MEETING INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF REGULAR MEETING, October 3,2006 APPROVAL OF MINUTES OF WORKSHOP MEETING, October 3,2006 INFORMAL COMMUNICATION FROM THE FLOOR 1. PUBLIC HEARING 2nd READING: Ordinance #1558-06 - Amending Chapter 19 "Occupational Licenses" of the City Code of Ordinances 2. REQUEST FOR APPROVAL: Amendment to Agreement with Seminole County for Collection and Enforcement of Occupational License Taxes 3. PUBLIC HEARING: Resolution #1139 - Amending the existing City Purchasing Policy 4. REQUEST FOR APPROVAL: Charitable Organization Funding for Fiscal Year 2006/2007 5. REQUEST FOR APPROVAL: Police Officers' Pension Plan Board of Trustees - Trustee Appointment and Re-Appointments 6. REQUEST FOR APPROVAL: Authorization to participate and support the Sports & Events Advisory Committee 7. DISCUSSION: Appointment of Citizen Board Members 8. FINANCE ITEMS: A. RFP08404D - Polymer Storage Building - Keller Road WWTP - Accept closeout documents Authorize release of payment and performance bond #929365877; Approve Reducing Change Order No.1, in the amount of ($1,498.44); and Authorize release of Final Payment, in the amount of $2,159.86, to Wharton-Smith Inc. Regular Commission Meeting - October 17, 2006 Page 2 of 2 8. FINANCE ITEMS: (Continued) B. Waive the formal solicitation process and approve the Pyro Shows, Inc. as a single source supplier of pyrotechnic services for six fire works shows as part of the "Light up the Holidays" and Friday Night Live" events at Cranes Roost Park for FY 2007. Persons with disabilities needing assistance in participating in any of these proceedings should contact the City Clerk Department ADA Coordinator 48 hours in advance of the meeting at 407-571- 8121 (Voice) or 407-571-8126 (TOO). Persons are advised if they wish to appeal any decision made at the hearing/meetings, they will need to ensure that a verbatim record of the proceedings is made which includes the testimony evidence upon which the appeal is to be based, per Chapter 286.0105, Laws of Florida. The City of Altamonte Springs does not provide this verbatim record. AGENDA APOPKA CITY COUNCIL MEETING @ 8:00 P.M. City Hall Council Cham ber 120 East Main Street - Apopka, Florida 32703 WEDNESDAY, October 18,2006 INVOCATION AND PLEDGE OF ALLEGIANCE If you wish to appear before the City Council, please submit a Notice of Intent to Speak card to the City Clerk. CONSENT AGENDA 1. Approve minutes of Regular City Council Meeting held October 4, 2006 @ 1 :30 PM. 2. Approve additional funds in the amount of $75,000 for the renovation of City Hall. 3. Authorize the Chief Administrative Officer to sign the finance agreement for the purchase of Refuse and Recycling Containers and authorize staff to proceed with purchase. 4. Authorize the Mayor to execute the Sewer and Water Capacity Agreement for Charleston Park. 5. Authorize the Mayor to execute the Sewer and Water Capacity Agreement for Belmonte Reserve. PRESENTATION 1. Present "National Family Week" proclamation to Jon T. Blackwelder, Michael Saunders & Jerry Kirkland. SPECIAL REPORTS AND PUBLIC HEARINGS ORDINANCES & RESOLUTIONS 1. ORDINANCE NO. 1821 - SECOND READING & ADOPTION - Amending Chapter 82 "Utilities", Article VI, and adopting a new Article VI, entitled "Water Conservation Ordinance for Landscape Irrigation". 2. ORDINANCE NO. 1871 - SECOND READING & ADOPTION - VACATION - William B. Singleton, to vacate a portion of the 50-foot right-of-way located between Lots 7 and 8 of the Errol Hills Village. 3. ORDINANCE NO. 1872 - FIRST READING - ANNEXATION - James Franklin King, Linda Dobbins King and Jacqueline E. King, property located on Haas Road. (18.50 +/- acres) 4. ORDINANCE NO. 1873 - FIRST READING - ANNEXATION - Rock Springs Ridge Ltd., property located on Chandler Road. (10.13 +/- acres) 5. ORDINANCE NO. 1874 - FIRST READING - ANNEXATION - Terrance and Carolyn Rogers, property located on Plymouth Sorrento Road (0.50 +/- acre) 6. ORDINANCE NO. 187S - FIRST READING - ANNEXATION - Walter and Kristin Svenson, property located on Hermit Smith Road. (0.55 +/- acres) 7. ORDINANCE NO. 1876 - FIRST READING - ANNEXATION - John W. and Grace D. Johnson, property located on Hermit Smith Road. (2.31 +/- acres) AGENDA - Page 2 APOPKA CITY COUNCIL MEETING - October 18,2006 ORDINANCES AND RESOLUTIONS (continued) 8. ORDINANCE NO. 1877 - FIRST READING - ANNEXATION - Charlie Taylor Estate, c/o RRP Properties, LLC, property located on Hermit Smith Road. (15.19 +/- acres) 9. ORDINANCE NO. 1878 - FIRST READING - ANNEXATION - RR Tropical Investment Group IV, Inc., property located on Binion Road. (10.25 +/- acres) 10. ORDINANCE NO. 1879 - FIRST READING - ANNEXATION - James and Barbara Llardi, property located on Ocoee-Apopka Road (9.90 +/- acres) 11. ORDINANCE NO. 1880 - FIRST READING - ANNEXATION - Beverly Safier, property located on Clarcona Road. (1.07 +/- acres) 12. ORDINANCE NO. 1881 - FIRST READING - CHANGE OF ZONING - John Kingman Keating, Trustee, from County A-2 to City R-l, for property located west of South Binion Road and north of Lust Road. 13. RESOLUTION NO. 2006-16 - Authorize the Mayor or his designee to sign the Florida Department of Transportation Contract No. A0J33. 14. RESOLUTION NO. 2006-17 - Authorize the transfer of property between the City of Apopka and Errol Estates Country Club. SITE PLANS AND PLAT APPROVALS 1. Approve the Final Development Plan for Daugherty Business Center, located on the northeast comer of Main Street and Bradshaw Road. 2. Approve the Preliminary Development Plan for Oakmont Industrial Facility, located between S.R. 429 and Ocoee-Apopka Road, and east of Boy Scout Road. DEPARTMENT REPORTS AND BIDS 1. Administrative Report - Richard D. Anderson - Chief Administrative Officer MAYOR'S REPORT OLD BUSINESS 1. Council 2. Public NEW BUSINESS 1. Council 2. Public ADJOURNMENT ********************************************************************************************************************************************* All interested parties may appear and be heard with respect to this agenda. Please be advised that, under state law, if you decide to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing, you will need a record of the proceedings, and that, for such purpose, you may need to ensure that a verbatim record of the proceedings is made, which record includes a testimony and evidence upon which the appeal is to be based. The City of Apopka does not provide a verbatim record. In accordance with the American with Disabilities Act (ADA), persons with disabilities needing a special accommodation to participate in any of these proceedings should contact the City Clerk's Office at 120 East Main Street, Apopka, FL 32703, telephone (407) 703-1704, not later than five (5) days prior to the proceeding. City of Apopka City of Apopka NOTICE OF INTENT TO SPEAK AT PUBLIC HEARING NOTICE OF INTENT TO SPEAK AT PUBLIC HEARING PLEASE PRINT LEGIBLY PLEASE PRINT LEGIBLY PLEASE COMPLETE THE INFORMATION BELOW IF YOU INTEND TO PRESENT COMMENTS, CONCERNS OR QUESTIONS TO THE CITY COUNCIL AT THIS MEETING, AND GIVE TO THE CITY CLERK PRIOR TO SPEAKING. PLEASE COMPLETE THE INFORMATION BELOW IF YOU INTEND TO PRESENT COMMENTS, CONCERNS OR QUESTIONS TO THE CITY COUNCIL AT THIS MEETING, AND GIVE TO THE CITY CLERK PRIOR TO SPEAKING. NAME: NAME: ADDRESS: ADDRESS: CITY STATE ZIP CITY STATE ZIP PHONE: PHONE: SUBJECT: SUBJECT: PLEASE CHECK ONE BOX: PLEASE CHECK ONE BOX: o FOR o AGAINST o INFORMATION o FOR o AGAINST o INFORMATION WE ASK THAT YOU LIMIT YOUR PRESENTATION TO THREE (3) MINUTES, OR AT THE DISCRETION OF THE CHAIR, TO ALLOW EVERYONE TIME TO SPEAK AND THE CITY COUNCIL THE OPPORTUNITY TO ADDRESS YOUR COMMENTS, CONCERNS, OR QUESTIONS. THANKYOU. WE ASK THAT YOU LIMIT YOUR PRESENTATION TO THREE (3) MINUTES, OR AT THE DISCRETION OF THE CHAIR, TO ALLOW EVERYONE TIME TO SPEAK AND THE CITY COUNCIL THE OPPORTUNITY TO ADDRESS YOUR COMMENTS, CONCERNS, OR QUESTIONS. THANK YOU. ------------------------- ------------------------- Official Use Only Official Use Only CITY COUNCIL MEETING OF AGENDA ITEM SECTION TIME: NUMBER CITY COUNCIL MEETING OF AGENDA ITEM SECTION TIME: NUMBER Rev. 8/02/2006 Rev. 8/0212006 CITY OF CASSELBERRY CITY COMMISSION MEETING MONDA Y, October 23, 2006 7PM City Commission Chambers 1st Floor, Casselberry City Hall 95 Triplet Lake Drive, Casselberry, Florida TO THE PUBLIC: Persons are advised that, if they decide to appeal any decision made at these meetingslhearings, they will need a record of the proceedings and for such purpose. they may need to insure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based, per Section 286.0105, Florida Statutes. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Personnel Director, A.D.A. Coordinator, 48 hours in advance of the meeting at (407) 262-7700, ex!. 1119. Please be advised that, pursuant to Resolution 06-1703, the City Commission shall vote at 9:30 p.m. whether the agenda will be modified in light of the time remaining, v- ".. .......... ..A ....- ..."............ -J. r AGENDA I. MEETING CALL TO ORDER - Mayor Goff 2. INVOCATION - Commissioner Susan Doerner 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. MINUTES A. None 6. PRESENTATIONS/COMMENDATIONS: A. None 7. CITIZENS' COMMENTS: Persons who wish to make comment or make inquiry on any matter NOT ON THIS AGENDA may do so at this time. Please raise your hand and when recognized by the Mayor, come forward to the microphone, give your name and address and speak briefly on the matter. All comments must be directed to the Mayor or City Commission as a whole, not an individu'al City Commissioner, a City staff member or another member of the audience. Citizens may be heard during PUBLIC HEARINGS or at any time any agenda item is before the City Commission for consideration by following the same procedure described above. 8. CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items. A. Resolution 07-1724 - Contract with SunGuard HTE for Upgrade of City's Financial Software B. Additional Capital Outlay and Related Budget Amendment - Replacement of Ice Machine for the Parks & Recreation Department - $3,481.00 C. Change Order 1 with Cloud 9 Services, Inc. - Replacement and Refurbishment of the Can Station for Seminola Boulevard Lift Station #22 - $20,000.00 e",udherr)' City Cotlllnl.vsioll Oc/oher J 3. :!(l06 Agenda Page :! D. Agreement with Scott Health and Safety - Certification as an In-house Repair Center of Scott Self Contained Breathing Apparatus E. Final Plat for the Anchor Road Commerce Center, SP 06-06 ~ Southeast Intersection of Lemon Lane and Anchor Road 9. PUBLIC HEARINGS: The purpose ofa Public Hearing is to receive input regarding the item being considered. Public Hearings are not intended to be a time for the public to obtain infonnation about the subject matter of the hearing. (Hearing Sequence: ]'1 - Staff; 2nd - Applicant/Requesting Party; 3,d - Public; 41h - Opportunity for brief rebuttals, if appropriate; final- City Commission motion. discussion and action.) A. Public Hearing & Second Reading of Ordinance 06-1207 - Growth Management Proportionate Fair-Share Requirements; Amending ULDR Section 3-9.11, Concurrency Management 10. FIRST READING OF ORDINANCES: A. First Reading of Ordinance 06-1208 - Commercial Solid Waste Disposal Glitch Ordinance J 1. RESOLUTIONS: A. Resolution 06-1723 - Proposal from Southeastern Surveying - Seminola Boulevard Sewer Corridor Design - $27,680.00 B. Resolution 06-1725 - Cooperative Purchase Agreement with Murphy Pipeline Contractors, Inc.- Sewer Force Main Pipe Replacement - $275,000.00 C. Resolution 06-1726 - Supporting the Seminole County-wide Referendum to Dedicate Tax Millage for the Acquisition and Development of Recreational Trails and Pedestrian Bridges D. Resolution 06-1727 - Ratification of United Service Workers Labor Agreement - Three-Year Extension and Changes to the Contract E. Resolution 06-1728 - Second Amendment to the Commercial Contract for Purchase and Sale Agreement for the Concord Center Property - Second Request by Calvin and Regine Mills and Jean- Yves Baptiste for Continuance from October 29,2006 to November 29,2006 to Present a Conceptual Plan for the Development of the Concord Center Property and to Extend the Closing Date to December 29,2006 F. Resolution 06-1729 - Seminole County Boating Improvement Program Grant Award Agreement & Related Budget Transfer - $46,200.00 G. Resolution 06-1730 - Agreement with Ruby Builders for Design Services for the Parks & Recreation Administration Offices Relocation - $46,000 H. Resolution 06-1731 - Ratification of Coastal Florida Police Benevolent Association Labor Agreement - 3 Year Extension 12. OTHER ITEMS: A. Special Invoice and Minor Contract Report - Brown, Garganese, Weiss & D'Agresta, P.A. - City Attomey Legal Fees, September 2006 - $10,731.85 lasse'nerl)' Ci~r lommlSsion Ocrone,. ':3. 2006.-lgel/do "age 3 B. Request for Reduction of Code Enforcement Lien - 950 Winter Park Drive (Dorchester Group) 13. DISCUSSION ITEMS: None 14. CITY MANAGER'S REPORT 15. CITY ATTORNEY'S REPORT 16. CITY CLERK'S REPORT 17. CITY COMMISSIONERS' REPORTS/COMMENTS ] 8. ADJOURNMENT DATE, /0/ It! tJ;; ~m~ Thelma McPherson, City Clerk Welcome to the City of Lake Mary, Florida! Page 1 of3 . Welcome to the City of Lake Mary, Florida. Home Calendar Departments Directory Employment Forms Today is Friday, November 3, 2006 Agenda for: City Commission 11/02/06 lAKE MARY CITY COMMISSION November 2, 2006 lake Mary City Hall 100 N. Country Club Road Regular Meeting 7:00 P. M. or as soon thereafter as possible AGENDA I. Call to Order II. Moment of Silence III. Pledge of Allegiance IV. Roll Call V. Approval of Minutes: . October 19, 2006 VI. Special Presentations A. Presentation to Mayor Greene - Church of Jesus Christ of Latter-Day Saints VII. Unfinished Business A. Ordinance No. 1218 - Amending Noise Ordinance - Second Reading (Public Hearing) (postponed 10/5/06, 10/19/06) B. Ordinance No. 1219 - Changing Zoning District Regulations creating the Government Use Zoning District (GU); School Location Criteria; R-3 Zoning District to permit attached fee simple single-family dwellings; and revising list of zoning districts - Second Reading (Public Hearing) VIII. New Business A. Resolution No. 773 - Request to vacate road right-of-way, 125 S. Lake Street; Miguel and Kathy Nieves, applicants (Public Hearing) (quasi- http://www.1akemaryfl.com/dis _ agenda.cfm ?id=%23 %22AD%23 %OA 11/312006 Welcome to the City of Lake Mary, Florida! Page 2 of3 judicial) B. Request for Preliminary Subdivision Approval with variances for Suntech, Phase 3, 1180 Emma Oaks Trail; Butters Construction & Development, applicant (Public Hearing) (quasi-judicial) C. Ordinance No. 1224 - Small-Scale Future Land Use Amendment from LOR (Low Density Residential) and (CON) Conservation to (OFF)Office and (CON) Conservation, Lot 5, Lake Emma East; CPH Engineers - First Reading (Public Hearing) (Legislative) D. Ordinance No. 1223 - Rezoning from R-1AA Single Family to PO Professional Office, Lot 5, Lake Emma East; CPH Engineers, Inc., applicant - First Reading (Public Hearing) (quasi-judicial) E. Ordinance No. 1225 - Rezoning from R-1AA Single Family to PO Professional Office, a portion of Lot 6, Lake Emma East; CPH Engineers, Inc., applicant - First Reading (Public Hearing) (quasi-judicial) F. Ordinance No. 1226 - Rezoning From R-2 Multi-Family Residential to DC Downtown Centre, 128, 130, 132 and 134 E. Lake Mary Avenue; Bruce White, applicant - First Reading (Public Hearing) (quasi-judicial) G. Resolution No. 774 - Amending the Downtown Master Plan from Townhomes to Commercial, Retail & Residential, 128, 130, 132, and 134 E. Lake Mary Avenue; Bruce White, applicant H. Resolution No. 775 - Amending the Downtown Master Plan from Village Homes to Commercial, Retail & Residential, 147 W. Wilbur Avenue; Kristine Tanyer, applicant IX. Citizen Participation X. Reports A. City Manager B. Mayor C. Commissioners (4) D. City Attorney XII. Adjournment THE ORDER OF ITEMS ON THIS AGENDA IS SUBJECT TO CHANGE Per the direction of the City Commission on December 7, 1989, this meeting will not extend beyond 11 :00 P. M. unless there is unanimous consent of the Commission to extend the meeting. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY ADA COORDINATOR AT LEAST 48 HOURS IN ADVANCE OF THE MEETING AT (407) 585-1424. If a person decides to appeal any decision made by this Commission with respect to any matter considered http://www.1akemaryfl.com/dis _ agenda.cfm ?id=%23 %22AD%23 %OA 11/3/2006 Welcome to the City of Lake Mary, Florida! Page 3 of3 at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Per State Statute 286.0105. NOTE: If the Commission is holding a meeting/work session prior to the regular meeting, they will adjourn immediately following the meeting/work session to have dinner in the Conference Room. The regular meeting will begin at 7:00 P. M. or as soon thereafter as possible. Upcoming City Commission Meetings: November 16, 2006 December 7, 2006 City Manager City Clerk Community Development Finance Fire Parks &. Recreation Police Public Works This site is the official website for the City of Lake Mary, Florida All Rights Reserved, @ Copyright January 2000 http://www.lakemaryfl.comldis _ agenda.cfm?id=%23 %22AD%23 %OA 11/3/2006 LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida AGENDA OCTOBER 16,2006 7:00 P.M. 1. CALL TO ORDER. 2. SILENT MEDITATION FOLLOWED BY THE PLEDGE OF ALLEGIANCE. 3. COMMUNITY ANNOUNCEMENTS. A. Senior Matinee will be held on October 18, 2006 from 11:00 a.m. until 1:00 p.m., Longwood Community Building, 200 West Warren Avenue. B. A Blue Grass Pickin' will be held on October 21, 2006 from 7:00 p.m. until 10:00 p.m., Longwood Community Building, 200 West Warren Avenue. C. CITY OF L ONG WOOD FALL FESTIVAL A Safe Alternative to Trick or Treating October 21h, October 2ath, October 30th and October 31st Haunted House and Booville (Only) - 6:00-10:00 p.rn. FALL CARNIVAL Tuesday, October 31st HALLOWEEN Haunted House and Booville Games, Prizes, Food, Candy, Moonwalk, Music and Lots of Fun 5:00-9:00 p.rn. ***Costume Contest Starting at 6:00 p.m. *** At the Longwood Police Division, 235 W. Church Avenue 4. RECOGNITIONS. A. District #5 Nomination of the Business Person of the Month Award for November 2006. 5. BOARD APPOINTMENTS. A. District #5 Nomination to the Codes Enforcement Board. B. District #1 Nomination to the Codes Enforcement Board. CC 10-16-06/1 C. District #5 Nomination to the Codes Enforcement Board. D. District #2 Nomination to the Parks and Recreation Advisory Board. 6. PUBLIC INPUT. A. Public Participation. 7. CITY ADMINISTRATOR'S REPORT. 8. MAYOR AND COMMISSIONERS' REPORT. Districts #1, #2, #3, #4 and #5. 9. CONSENT AGENDA. A. Approve Minutes of October 2, 2006 Regular Meeting. B. Finance Division of the Financial Services Department recommends payment of approved and estimated bills for October 2006. C. Finance Division of the Financial Services Department recommends approval of the Monthly Financial Report for September 2006. D. Streets/Fleet Division of the Public Works Department recommends the City Commission approve a purchase order with Streicher Mobile Fueling, Inc. in the amount of $198,000 for the purchase of gasoline and diesel fuel for the fiscal year and authorize the City Administrator to sign all appropriate documents. E. The Streets/Fleet Division and the Utilities Division of the Public Works Department recommends the City Commission approve the purchase of six (6) 2007 Ford pick up trucks from Don Reid Ford, in the amount of $112,254.00 and authorize the City Administrator to sign all appropriate documents. F. The Community Development Division of the Community Service Department recommends the City Commission approve awarding a work authorization with Metzger & Willard, Inc., for professional general engineering services for a not-to-exceed amount of $27,500 and authorize the City Administrator to sign all appropriate documents. G. The Community Development Division of the Community Services Department recommends the City Commission approve the purchase order to All American Aquatics Company for the amount of $32,860 for aquatic management CC 10-16-06/2 services and authorize the City Administrator to sign all appropriate documents. H. City Administrator recommends the City Commission approve an agreement with Sandhill Homes, Inc. in the amount of $77 ,620 and authorize the City Administrator to sign the necessary documents. 10. PUBLIC HEARINGS. A. City Administrator recommends the City Commission read by title only and adopt Ordinance No. 06-1815, which authorizes a fifty (50) year lease with option to purchase City property to the Northland Community Church with the City of Longwood. 11. REGULAR BUSINESS. A. The Finance Division of the Financial Services Department recommends City Commission read by title only, set November 6, 2006 as a public hearing date and approve the first reading of Ordinance 06-1816 which amends the Fiscal Year 05/06 Budget. B. City Administrator recommends the City Commission read by title only and adopt Resolution No. 06-1157 supporting the Seminole County-wide referendum on the November 7, 2006 ballot to dedicate 0.2 mills of ad valorem tax over a ten-year period for the acquisition of environmentally sensitive lands and to acquire and develop recreational trails and pedestrian bridges. C. City Administrator recommends the City Commission hear a presentation from the City's Development Design Team regarding market trend analysis and take action the Commission deems appropriate. 12. CITY ATTORNEY'S REPORT. 13. CITY CLERK'S REPORT. 14. ADJOURN. Sarah M. Mirus, CMC, City Clerk Notice: All persons are advised that if they decide to appeal any decision made at these meetings/hearings, they will need a record of the proceedings and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record to include the testimony and evidence upon which the appeal is to be based (per Sec. 286.0105, Florida Statutes). Persons with disabilities needing assistance to participate in any of these meetings, should contact the A.D.A. Coordinator at 407260-3481 at least 48 hours in advance of the meeting. Future Meetings: November 6, 2006 November 20, 2006 7:00 p.m. 7:00 p.m. Regular Meeting Regular Meeting CC 10-16-06/3 City Council Agenda, November 6,2006, Page 1 O~f;do FLORIDA CITY COUNCIL OF OVIEDO REGULAR MEETING MONDAY. NOVEMBER 06. 2006 6:30 PM CITY HALL 400 ALEXANDRIA BOULEVARD OVIEDO, FLORIDA PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, ANY PERSON DESIRING TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, WITH RESPECT TO ANY MATTER CONSIDERED AT ANY MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. This record is not provided by the City of Oviedo. AGENDA CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION / MOMENT OF SILENCE ORDER OF BUSINESS CEREMONIAL ITEMS/PRESENT A TIONS 1. None. COUNCIL BUSINESS 2. Approval of Minutes of Regular Session of October 16, 2006. City Council Agenda, November 6,2006, Page 2 PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA 3. Citizen Comments. CONSENT AGENDA 4. Resolution No. 1432-06, approving the First Amendment to Interlocal Agreement between the City of Oviedo and Seminole County for Collection of Occupational License Taxes. 5. Resolution No. 1433-06, Use of Law Enforcement Trust Funds for Police Investigative Fund. 6. Resolution No. 1436-06, Electrical Maintenance and Repair Services Contract ("Piggyback" contract with City of Casselberry) 7. Resolution No. 1437-06, Selection of Firms on Continuing Contract for Geo Technical Services (RFQ No. 06-011) 8. Resolution No. 1438-06, approving an Agreement with The Lake Doctors, Inc. for aquatic weed control and pond maintenance. 9. Resolution No. 1439-06, authorizing a "Piggyback" Agreement with C.E.M. Enterprises, Inc. for Drainage Construction and Repair Services. 10. Resolution No. 1442-06, requesting Florida Legislature to Address Property Insurance Crisis. 11. Resolution No. 1446-06, Interlocal Agreement for Total Maximum Daily Load (TMDL) Requirements Relating to Water Quality. 12. Resolution No. 1448-06, "Piggybacking" of Orange County Contract for Sidewalk Improvements. 13. Resolution No. 1450-06, selection of Tetra Tech HAl for Reclaim Distribution System Design Services (Big Oaks and Twin Rivers Phase I) PUBLIC HEARINGS 14. Ordinance No. 1364, vacating Sidewalk Easement in the Lake Rogers Estates Subdivision. 15. Ordinance No. 1373, Zoning Map Amendment changing the zoning district of approximately 0.38 acres from A (Agriculture) to C-2 (Commercial). 16. Ordinance No. 1375, Land Use Map Amendment for 0.97 Acres from Office (OFF) to Downtown Mixed Use (DMU). 17. Ordinance No. 1376, Zoning Map Amendment to change the zoning district of 0.97 acres from R-l (Single Family Residential) to MUD-HDP (Mixed Use District-Historic Downtown Perimeter). 18. Ordinance No. 1382, vacating right-of-way south of Oviedo Marketplace Boulevard and west of Aloma Avenue. City Council Agenda, November 6, 2006, Page 3 19. Ordinance No. 1389, amending Land Development Code to provide methodology for assessing proportionate fair-share mitigation for Transportation Concurrency Management (1st public hearing) 20. Resolution No. 1453-06, Special Exception to allow Single Family Model Home Center on four lots within the Oviedo Forest Planned Unit Development. FIRST READING OF ORDINANCES 21. Ordinance No. 1359, Zoning Map Amendment from R-l I(Single Family Residential) to O-C (Office Commercial). 22. Ordinance No. 1387, Zoning Map Amendment from R-l (Single Family Residential) and R-2 (Two Family Residential) to O-C (Office Commercial). 23. Ordinance No. 1393, codification of the Code of Ordinances and the Land Development Code. RESOLUTIONS 24. Resolution No. 1429-06, State Road 426 Phase 2 Widening, Memorandum of Agreement with FDOT and Revised Deadline for Promissory Note Payment. 25. Resolution No. 1435-06, Resolution No. 1435-06, Approving of Contracts for Right-of-Way Mowing (Bid No. 06-12). 26. Resolution No. 1449-06, Final Change Orders with Schuller Contractors, Inc. for the Franklin and Division Street Project DISCUSSION ITEMS 27. Appointment of additional Advisory Committee Members for the Design and Development of the New Community Park in Downtown. 28. Code Enforcement Board Appointment. 29. MacKinley's Mill Traffic Diverter Vote Results. 30. Voting Results: Bentley Woods Temporary Traffic Calming. 31. Upcoming Meeting and Work Session Schedule. COMMUNICATIONS AND REPORTS . Councilman James Greer . Mayor Tom Walters . Chairman Dominic Persampiere . Councilman Keith Britton . Councilman Steve Henken ADMINISTRATIVE REPORT City Manager Gerald Seeber FUTURE MEETING DATES . Monday, November 13,2006 at 6:30 pm Work Session City Council Agenda, November 6, 2006, Page 4 · Monday, November 20,2006 at 6:30 pm Regular Session · Monday, December 4,2006 at 6:30 pm Regular Session · Tuesday, January 2, 2007 at 6:30 pm Regular Session Ad iournment. PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COUNCIL MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407-971-5500 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. City of Maitland, Florida Page 1 of2 R~dent Member of Suslness Corrmll.ll1lly Employment Council, Boord,., Commission,. 81 Committees Visitor/Commuter fJ City Council Meeting Agendas Council Agenda Date: 10/23/2006 Monday, October 23, 2006 City Hall- Council Chambers 7:00PM WELCOME to our Council meeting. In the interest of time efficiency, the following will prevail for comments by the public. Each speaker will be permitted 5 minutes to state his/her case. Group presentations will be permitted 3 speakers including the spokesperson - each being limited to 5 minutes. No speakers will be interrupted. Please silence cellular phones and pagers during the meeting. THANK YOU for participating in your City Government. I. II. III. IV. V. VI. VII. AGENDA Invocation Pledge of Allegiance Special Presentation 1. Proclamation - National Family Week Public Hearing 1. Ordinance - Code Amendment/Solid Waste Old Business - City Manager Consent Agenda 1. Approve Council Minutes - September 25, 2006 and October 9, 2006 2. Receive Parks & Recreation Advisory Board Minutes - September 6, 2006 3. Receive Planning & Zoning Commission Minutes - September 7, 2006 4. Orange County Emergency Medical Services Awards Grant 5. Federal Lobbyist Consultant - Contract Renewal 6. Health Insurance Renewal 7. Dental, Life, Voluntary Life Insurance Renewals 8. Resolution - Landscape Construction & Maintenance Agreement/FDOT - Denis Building 9. Resolution - Landscape Construction & Maintenance Agreement/FDOT - North Bridge 10. Resolution - Landscape Construction & Maintenance Agreement/FDOT - Ravinia (Uptown West) 11. Resolution - Landscape Construction & Maintenance Agreement/FDOT - Shoppes of Maitland 12. Resolution - Landscape Construction & Maintenance Agreement/FDOT- Trevi (Uptown East) 13. Contract for Street Paving and Resurfacing Public Period http://www.itsmymaitland.com/agenda-citycouncil.aspx?a=viewPost&PostID= 1797 &retu... 10/30/2006 City of Maitland, Florida Page 2 of 2 VIII. Council Decisions 1. Appointments - Transportation Advisory Board (2) 2. Appointment of City Clerk IX. Council Discussion 1. City Manager's Report 2. Council Reports X. Adjournment Notice: Any person who desires to appeal any decision made at this meeting or hearing will need a record of the proceedings and, for this purpose, may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is to be based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (407-539-6219) 48 hours in advance of the meeting. Archived Agendas and Minutes http://www.itsmymaitland.com/agenda-citycouncil.aspx?a=viewPost&PostID= 1797 &retu... 10/30/2006 CITY OF SANFORD CITY COMMISSION MEETING MONDAY, October 23, 2006 7PM City Commission Chambers 1st Floor Sanford City Hall 300 North Park Avenue Sanford, Florida ------------------------------------------------------------ PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 407.330.5603 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. This record is not provided by the City of Sanford. -------------------------------------------------------------- AGENDA Time (approximate) 7:00 1) 2) 3) 4) Meeting call to order by Mayor Kuhn. Invocation. Pledge of Allegiance. Minutes. July 10, 2006 Work Session and Regular Meeting. 7:03 5) PRESENT A TIONS/COMMENDA TIONS: Presentation of Proclamation: The Month of the Family. 7:05 6) CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commission member, no discussion on individual items will occur and a single motion will approve all items. [Commission Memo 06-470] A) LYNX Funding Agreement for FY 2006/07 in amount of $1 00,000. B) Steve & Susan Richards. Annual Christmas Party Special Event on December 9,2006, in downtown Sanford. C) Sanford Historic Trust Home Tour Special Event on Saturday and Sunday, December 8, 9 and 10, 2006. D) Head of the St. Johns Regatta Special Event on November 17 and 18, 2006. 7:08 7) 7: 15 8) 7: 18 9) E) Golden Age Games Special Event November 4 - 11, 2006. F) All Souls Catholic Church Parish Picnic Special Event on November 5, 2006. G) 2005 Fuel Rate Adjustment Increase for Waste Services of Florida, Inc. H) CR 46A1Airport Boulevard Utility Department Relocation Project bid award to Gibbs & Register, Inc., in amount of $329,000. I) Software upgrades and additional products from Sungard HTE. J) Blanket Purchase Order for gasoline and diesel fuel. PUBLIC HEARINGS: The purpose of a Public Hearing is to receive input regarding the item being considered. Public Hearings are not intended to be a time for the public to obtain information about the subject matter of the hearing. (Hearing Sequence: 1st - staff; 2nd - applicant/requesting party; 3rd - public; final- City Commission motion, discussion and action.) A) First reading of Ordinance No. 4027, vacating the northerly 93 feet of a 14 foot wide utility easement at 2000 S. Oak Avenue. Ad published October 8, 2006; owners notified October 3, 2006; and property posted October 3, 2006. [Commission Memo 06-471] B) Second reading and adoption of Ordinance No. 4026, amending the City Code and providing for adjustments to utility system rates, fees and charges by resolution and annual Consumer Price Index modifications. Ad published October 11, 2006. Resolution No. 2064 adjusting the utility rates. [Commission Memo 06-477] C) Second reading and adoption of Ordinance No. 4021 annexing 4.0 acres at 361 S. White Cedar Road. Ad published October 11 and 18, 2006. [Commission Memo 06-478] FIRST READING OF ORDINANCES: A) First reading of Ordinance No. 4028, rezoning 0.20+/- acre at 2521 Sanford Avenue to RC-1, Restricted Commercial. [Commission Memo 06-479] OTHER ITEMS: A) Appointment to the Sanford Airport Authority. (WS-1) [Commission Memo 06- 474] B) Approval of Final Plat for Regency Oaks Unit 2,1000 Upsala Road. [Commission Memo 06-480] C) Approval of Final Plat for Regency Oaks Unit 3, 1000 Upsala Road. [Commission Memo 06-481] D) 409 Laurel Avenue -- request to waive $17,750 lien. [Commission Memo 06-482] E) 218 Elm Avenue -- request to waive $34,660 lien. [Commission Memo 06-483] F) 200 Myrtle Avenue -- request to waive $8,000 lien. [Commission Memo 06-484] G) 1217 Palmetto Avenue -- request to waive liens totaling $17,715. [Commission Memo 06-485] H) 612 E. 11th Street -- Release of Condemnation. [Commission Memo 06-472] I) Modifications to the 2nd Generation 1 Cent Sales Tax Project list and the implementing interlocal agreement with Seminole County. [Commission Memo 06-467] J) Resolution No. 2065 adopting a new Classification and Pay Plan. [Commission Memo 06-473] K) 2900 Orlando Drive: Demolition of structure. [Commission Memo 06-475] L) City Manager-s Evaluation. (WS-4) 10) CITY ATTORNEY'S REPORT. 11 ) CITY CLERK'S REPORT. 12) CITY MANAGER-S REPORT. 13) CITIZEN PARTICIPATION. 14) CITY COMMISSIONERS- REPORTS. 15) END THE MEETING. CITY OF WINTER PARK CITY COMMISSION MEETING AGENDA OCTOBER 23, 2006 COMMISSION CHAMBER 3: 00 p.m. (Please note the time change for this meeting only) PLEASE NOTE: HEARING Will NOT BE HEARD THIS INDICATED WITH THE CITYWIDE MAiliNG. THE PUBLIC HEARING IS NOW SCHEDULED FOR DECEMBER 11, 2006. THE WINTER PARK TOWERS PUBLIC EVENING AS Welcome to the City of Winter Park City Commission meeting. The agenda for regularly scheduled Commission meetings is posted in City Hall the Friday before the meeting. Agendas and all backup material supporting each agenda item are available in the City Clerk's office or on the City's website at www.cityofwinterpark.org. Persons desiring to address the Commission MUST fill out and provide to the City Clerk a yellow "Request to Speak" form located on the door. After being recognized by the Mayor, persons are asked to come forward and speak from the podium, state their name and address and direct all remarks to the Commission as a body, and not to individual members of the Commission, staff or audience. Comments are limited to four C!) minutes. The yellow light indicator will remind you that you have one (1) minute left to sum up. Large groups are asked to name a spokesperson. This period of time is for comments and not for questions directed to the Commission or staff for immediate answer. Questions directed to the Commission will be referred to staff and should be answered by staff within a reasonable period of time following the date of the meeting. Order and decorum will be preserved at all meetings. Personal, impertinent or slanderous remarks are not permitted. Thank you for participating in your City government. INVOCATION: Pastor Stan Reinemund, Redeemer Lutheran Church PLEDGE OF ALLEGIANCE 1. MAYOR'S REPORT: a) Presentation of 3CMA Silver Circle Award. b) Proclamation - National Family Week. 2. CITY ATTORNEY'S REPORT: a) Resolution-Northwood Circle masonry wall. b) Introduction of draft ordinance to repeal PO Overlay. c) Report on removal of board members. d) Introduce draft ordinance regarding a referendum on the commuter rail station. e) Resolution-relating to the purchase of The Plymouth Apartments. 3. CONSENT AGENDA: a) Approve the minutes of 10/9/06. .-/ CITY COMMISSION MEETING AGENDA OCTOBER 23, 2006 PAGE 2 OF 3 b) Approve the following bids and purchases: 1) Purchase of bricks for Glencoe Road bricking, from Brick America, Inc.; estimated to be $50,787.00 (Budget: Assessed Bricking Projects) 2) Blanket PO (PR 129582) for the estimated annual purchase for Liquid Oxygen for the WTP, ordering on an "as needed basis" from the OUC contract with Air Liquide Industrial U.S., L.P.; estimated amount: $175,000.00, (Budget: Utilities, for ozone gas production) 3) PR 129543, to Chaz Equipment, for structural rehabilitation of manholes, from Delray Beach's Annual Contract # 2002-37; $43,482.00, (Budget: Capital Utilities/Rehab. Manholes) 4) Request for Proposals RFP-1-2007, for Mail and Telephone Survey to Profile Marketing Research as outlined on the attached memo (Budget: Communications and Contingency funds). 5) Bid WP-5-2004, extension for Auxiliary Generator Service with CJ's Sales and Service, Inc., with all terms, conditions and pricing remaining as in the original award (Budget: Utility). 6) Change to Request for Proposals RFP-5-2006/7, with OR&L Custodial & Environmental, janitorial services for various buildings in the city, to add the ENCO office; $4,515.00 per year (Budget: Facilities Maintenance). c) Approve the following budget adjustment: 1) Transfer $16,000 from the Water and Wastewater Fund to the Vehicle Replacement Fund to purchase a vehicle for the Water Treatment Division Chief (FY 2006) d) Approve the United Way agreement to administer the City's Utility Assistance Program. e) Approve the addendum to the Lake Island cell tower contract with Royal Street Communications to begin monthly payments of $1 ,400 immediately in exchange for excluding the relocation of the field lights and removal of the light pole from the original agreement. 4. CITY MANAGER'S REPORT: (PUBLIC COMMENTS ARE ALLOWED) a) State Office building located at the corner of Denning Drive and Morse Boulevard. b) Review of 2006 resident survey topics. c) Acquisition of 1.41 +- acres of undeveloped property adjacent to the City's Public Works Central Compound located on the north side of Howell Creek as it enters Lake Waumpi. d) Commuter Rail Task Force public forums. 5. PUBLIC HEARINGS TO BE HELD AT 3:30 P.M. OR AS SOON THEREAFTER: a) ORD-Renaming streets. (2) b) Request to install a cell antenna/light pole at Showalter Field. c) Conditional Use requests for live amplified musical entertainment (within 300' of residential properties): Request of O-Boy's Barbeque restaurant at 565 W. Fairbanks Avenue. DENIED BY THE PLANNING AND ZONING COMMISSION - 5-0 VOTE. Request of Urban Flats restaurant at 601 S. New York Avenue. APPROVED BY THE PLANNING AND ZONING COMMISSION - 5-0 VOTE, WITH CONDITIONS. d) Transmittal of the comprehensive plan to the DCA. CITY COMMISSION MEETING AGENDA OCTOBER 23, 2006 PAGE 3 OF 3 6. NEW BUSINESS (PUBLIC): THIS TIME IS INTENDED FOR COMMENTS THAT ARE NEW BUSINESS. COMMENTS ON ISSUES COMING BEFORE THE COMMISSION AT A LATER MEETING SHOULD BE MADE AT THE TIME OF THE SCHEDULED AGENDA ITEM. 7. NEW BUSINESS (CITY COMMISSION): "If a person decides to appeal any decision made by the Commission with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based." (F. S. 286.0105). "Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office (407 599-3277) at least 48 hours in advance of the meeting." CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Website: www.winlerspringsfl.org AGENDA CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING MONDAY, OCTOBER 23, 2006 - 6:30 P.M. CITY HALL - COMMISSION CHAMBERS 1126 EAST ST ATE ROAD 434 WINTER SPRINGS. FLORIDA .;..;. NOTE: IT IS NOT UNCOMMON THAT THERE MAY BE CHANGES TO THIS AGENDA, INCLUDING ADDITIONAL INFORMATION TO BE PROVIDED TO THE CITY COMMISSION. .:..:. PLEASE SILENCE CELLULAR TELEPHONES AND/OR PAGERS DURING THE MEETING CALL TO ORDER Roll Call Invocation Pledge Of Allegiance Agenda Changes PUBLIC INPUT (Anyone Who Wishes To Speak At Public Input On Any Agenda Item Or Subject Matter Will Need To Fill Out A "Public Input" Form. You Will Be Given Three (3) Minutes To Speak; If You Are Speaking For A Group Or Homeowner's Association You Will Be Given Five (5) Minutes To Speak. It Is At The Discretion Of The Commission To Allow A Speaker More Than The Allotted Time. If You Wish To Speak At The Public Hearing Portion Of The Agenda, You Will Also Need To Fill Out A "Public Input" Form And Will Be Given The Same Time Allotment As Mentioned Above.) CITY OF WINTER SPRINGS, FWRIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 23. 2006 PAGE 2 0F 6 AWARDS AND PRESENTATIONS AWARDS AND PRESENT A TlONS 100. Office Of The City Manager Presentation Of A Proclamation In Honor Of "The Month Of The Family". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The City Commission Hold A Public Hearing For First Reading and Transmittal Of Ordinance Number 2006-13, A Large Scale Comprehensive Plan Amendment (Referenced As LS-CPA-07-01) Which Changes The Future Land Use Map Designation Of Four (4) Parcels Containing 29.3 Acres, More Or Less, Located Immediately West Of DeLeon Street At Cress Run From (Seminole County) "Rural-3" (1 Dwelling Unit Per 3 Acres) To (Winter Springs) "Low Density Residential" (1.1 - 3.5 Dwelling Units Per Acre). PUBLIC HEARINGS 201. Not Used. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading And Transmittal Of Ordinance Number 2006-15, A Large Scale Comprehensive Plan Text Amendment (Referenced As LS-CPA-07-03) Which Creates Future Land Use Element Policy 1.8.4, Establishing An Eastern Annexation Boundary For The City, Preventing The City From Expanding The City Boundary Beyond DeLeon Street. PUBLIC HEARINGS 203. Not Used. PUBLIC HEARINGS 204. Office Of The City Attorney And Community Development Department Requests That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2006-18. PUBLIC HEARINGS 205. Community Development Department - Planning Division And Office Of The City Attorney Request That The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2006-19, Which Amends The Zoning District Code To Allow Public Recreational Areas And Facilities In The C-I And PUD (Planned Unit Development) Zoning Districts As Permitted Uses. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 3 0F 6 PUBLIC HEARINGS 206. Community Development Department Recommends The City Commission Hear A Request For A Conditional Use Within The City Of Winter Springs RC-I Zoning District (Residential Rural FLU (Future Land Use) Designation)), To Allow An Approximately 3,080 Square Foot Detached Accessory Structure On Approximately 8.4 Acres At 630 Dunmar Circle. This Would Be The Third Detached Accessory Structure On This Property. REGULAR AGENDA REGULAR 300. Office Of The City Manager Requests That Deputy Mayor Michael S. Blake Make An Appointment To The Winter Springs Open Space Advisory Study Committee; And That The Mayor And City Commission "Collectively Appoint One (1) Member" For The Seventh Position On The Winter Springs Open Space Advisory Study Committee. CONSENT AGENDA CONSENT 400. Information Services Department Requests City Commission Authorization To Renew Cisco Equipment Maintenance/Warranties In The Amount Of $12,770.72. CONSENT 401. Office Of The City Manager Requests The City Commission Ratify Waiving Of Fees For Temporary Political Signs Which Need To Be Permitted For The Upcoming Election. CONSENT 402. Information Services Department Requests City Commission Acceptance Of The Florida League Of Cities Memo Of Understanding; Authorization For The City Manager To Sign The Memo Of Understanding; And Authorization Of Project Management And Oversight Consulting Fees Not To Exceed $18,475.00 For Fiscal Year 2007. CONSENT 403. Fire Department Requesting Authorization To Enter Into A Contract With Advanced Data Processing, Inc. (AD PI) For Emergency Medical Transport Billing Services. CONSENT 404. Community Development Department - Building Division Requests That The City Commission Authorize The Renewal Of An Agreement For Contract Building Inspection Services With Framensons, Inc. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 4 0F 6 CONSENT 405. Office Of The City Attorney On Behalf Of The Mayor And The City Commission, The City Attorney Presents Resolution Number 2006-56 Which Expresses The Mayor's And City Commission's Support And Endorsement For Nemours Children's Hospital In Orlando, Florida. CONSENT 406. Public Works Department Requests The City Commission's Approval To Fund The City's Share Of St. Johns River Water Management District's Howell Creek Basin Watershed Management Plan In The Amount Of $22,000.00. CONSENT 407. Information Services Department Requests City Commission Award The WiFi Consulting RFP (Request For Proposal) 012-06-JD To Elert & Associates; Authorize The City Manager To Enter Into A Contract With Elert & Associates For Phases I And II Of The WiFi Initiative; And Approve Supplemental Appropriation Of $53,000.00 For Phases 1 And 2 Of The WiFi Project. CONSENT 408. Parks And Recreation Department Requesting The City Commission To Authorize The Mayor To Execute The First Amendment To Seminole County/City Of Winter Springs HUD (Housing And Urban Development)/CDBG (Community Development Block Grant) Subrecipient Agreement, Program Year 2005-2006. CONSENT 409. Office Of The City Manager Requesting The City Commission To Authorize The City Manager To Administer Funds For Construction Of The Veterans Memorial. 410. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Attorney-Client Meeting Minutes. 411. Office Of The City Clerk Requesting Approval Of The October 9, 2006 Regular City Commission Meeting Minutes. INFORMATIONAL AGENDA INFORMATIONAL 500. Community Development Department Advising The City Commission Of The Status Of Various Current Planning Projects. CITY OF WINTER SPRINGS, FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 23. 2006 PAGE 5 0F 6 INFORMATIONAL 501. Community Development Department Advising The City Commission Of The Status Of The Burned Single Family Home Located At 912 Antelope Trail. REPORTS REPORTS 600. Office Of The City Attorney - Anthony A. Garganese, Esquire REPORTS 601. Office Of The City Manager - Ronald W. McLemore REPORTS 602. Office Of The City Clerk - Andrea Lorenzo-Luaces, CMC REPORTS 603. Office Of The Mayor - John F. Bush REPORTS 604. Commission Seat One - Robert S. Miller REPORTS 605. Commission Seat Two/Deputy Mayor - Michael S. Blake REPORTS 606. Commission Seat Three - Donald A. Gilmore REPORTS 607. Commission Seat Four - Sally McGinnis REPORTS 608. Commission Seat Five - Joanne M. Krebs ADJOURNMENT CITY OF WINTER SPRINGS. FLORIDA AGENDA CITY COMMISSION REGULAR MEETING - OCTOBER 23, 2006 PAGE 6 0F 6 .... PUBLIC NOTICE .... This is a Public Meeting, and the public is invited to attend. This Agenda is subject to change. Please be advised that one (1) or more Members of any of the City's Advisory Boards and Committees may be in attendance at this Meeting, and may participate in discussions. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City of Winter Springs at (407) 327-1800 "at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority" - per Section 286.26 Florida Statutes. "If a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based" - per Section 286.0105 Florida Statutes. ATTACHMENT " J" RESOLUTION NO. 727 A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING ROBERTS RULES OF ORDER AS THE RULES OF ORDER FOR THE CITY COMMISSION FOR THE CITY OF WINTER SPRINGS, FLORIDA, WHEREAS, the City Commission for the City of Winter Springs, Florida, has determined it to be in the best interest of its citizens that the City Commission have rules of order for the conduct of its business. NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION FOR THE CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS: 1. The City Commission for the City of Winter Springs, Florida. hereby adopts for its rules of order, Roberts Rules of Order. PASSED AND ADOPTED this 13th day of December Chambers at City Hall, Winter Springs, Florida. , 1993, in Mary T. Norton City lerk 08/15952.1 ATTACHMENT "K" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP JULY 13,1999 I. CALL TO ORDER The Workshop of the City Commission was called to order by Deputy Mayor Cindy Gennell in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call Mayor Paul P. Partyka, absent Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, arrived at 6:31 p.m. Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, present Law Firm of Frank Kruppenbacher, P.A., Attorney Robert Guthrie, absent Interim City Clerk Andrea Lorenzo-Luaces, present Commissioner Michael S. Blake arrived at 6:31 p.m. II. AGENDA A. Commission Meeting Procedures The discussion began with each Commissioner stating what issues they were particularly concerned about. Deputy Mayor Gennell compiled all the concerns into a list to be discussed and a poll would then be taken. Those issues included: .:. Using "Robert's Rules of Order" or "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates): · as the guide for the meeting procedure. · To whom the Motion "belongs" after it has been made. · In conjunction with the previous issue, does an amendment to the Motion have to be approved by the maker of the Motion? · Ranking order of Motions. · Limiting the time a Commissioner can speak on an Agenda Item. · Strengthening Public Input rules, specifically when many people want to speak on the same Agenda Item. · Adjournment procedures, including if the meeting can be adjourned without a motion and vote from the Commission. · Assuring each Commissioner and the City Manager have spoken before the Chair recognizes the Motion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JULY 13, 1999 Page 2 of 5 · How to deal with disruptive persons at a meeting. · If modifying the Agendas would be effective in shortening meetings. · How often meetings are held and the length of these meetings. .:. A poll was taken regarding whether the Commission wanted to keep "Robert's Rules of Order" as a reference tool or if they wished to adopt another parliamentary procedure tool. The consensus was to use the basics of "Robert's Rules of Order". There was continued discussion regarding "Robert's Rules of Order"; the length of time Commissioners could speak on a subject; having more Agenda Items under the Consent Agenda as opposed to the Regular Agenda; and meeting with the City Manager on an individual basis prior to the meeting to ask questions. Mr. Ronald W. McLemore, City Manager spoke to the Commission about Consent Agenda Items; Public Hearing Agenda Items taking up most of a meeting; and the numerous Public Hearing Agenda Items as a result of the City's growth. The Commission suggested that Agenda Items be listed on the Agenda in order of priority. Tape I/Side B There was continued discussion regarding meeting with the City Manager and Staff prior to the Regular Meetings; the Chair being responsible for limiting "Public Input" when too many people wish to say the same thing; and what other communities' meeting procedures are. Deputy Mayor Gennell called for a five (5) minute break. Deputy Mayor Gennell reconvened the meeting. .:. The Commission was asked if they would prefer to hold the Regular Meetings weekly; begin the meetings earlier; have an open "pre-meeting" prior to beginning the Regular Meeting to discuss the Agenda and ask questions; or leave the meeting schedule as it is now. They were also asked if they would like to limit the overall time of Public Input during the Regular Meeting. The majority of the Commission agreed to holding a Pre-Meeting from 5:00 p.m. to 6:30 p.m., without Public Input, for a trial period of four (4) to five (5) meetings. They also agreed not to limit the overall Public Input time, however the Chair must strongly enforce the "three (3) minute rule". .:. Manager McLemore suggested he would research several other Communities to learn how they succeeded in shortening their meetings and then return to the Commission with that information before the issue is formally decided. C:ITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JULY 13, 1999 Page 3 of 5 .:. A poll was taken regarding when the Commission would like to receive their Agenda Packets and if they would accept Add-On Agenda Items. The Commission agreed that they would like to receive the Agenda Packets no later than the Wednesday prior to the meeting and that Add-On Agenda Items will be allowed, only if "critical". .:. The Commission next took a consensus about how to handle disruptive persons. Two Commissioners were in favor of the Chair issuing two warnings and then requesting that the Police Chief escort the person from the Chambers. Two other Commissioners were in favor of the above with the exception of issuing only one warning. Tape 2/Side A .:. Since there was not a majority agreement, Deputy Mayor Gennell concluded by saying that they hoped that their directives would be enforced "more strongly", in hopes of alleviating any problems. It was suggested that if the problem still existed, this matter could be re-addressed. .:. The Commission, by consensus, again discussed "Robert's Rules of Order" and whether the Commission wished to "set up our own rules" but retain "Robert's Rules of Order" as a "underlying foundation"; keep it in "strict form"; or to "start over". The majority of the Commission wished to retain "Robert's Rules of Order" as an underlying foundation. .:. When asked whom a Motion "belongs to" once it has been made and seconded, the Commission agreed by consensus that the Commission as a whole would "own" the Motion, as opposed to the "Maker of the Motion". .:. In conjunction with the previous consensus, the Commission was asked "If the Motion is owned by the body, then I'm assuming that the Maker of the Motion has no privilege over which amendments attach to the motion and which ones don't, is that correct"? The majority of the Commission agreed. .:. The Commission next took a poll as to whether there should be a time limit for a Commissioner speaking on an Agenda Item, and if so, how much time would they be allowed. The majority agreement of the Commission was that there would not be a time limit for the Commissioners to speak. The Commission briefly discussed holding another meeting to consider these procedures, and after four (4) Regular Meetings they would assess the changes. .:. On the subject of adjournment, a consensus was taken regarding should there be a specific time to adjourn meetings. The Commission unanimously agreed that there should be a specific time. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JULY 13, 1999 Page 4 of 5 .:. The majority of the Commission agreed to make 11:00 P.M. the adjournment time, however, all Commissioners agreed that the meeting may only be extended with a supermajority vote. .:. On the issue of whether or not they wish to include a specific time to extend the meeting, the Commission decided that the meeting would be extended in one (1) hour increments. The Commission further discussed procedures for adjournment, and if majority or supermajority votes should be required for Motions to extend the meeting and Motions to adjourn. .:. A poll was taken about requiring a Motion, second, and vote to adjourn a meeting, even if a vote to extend has not taken place at 11 :00 p.m. The Commission unanimously agreed. .:. The Commission was in agreement that a supermajority vote :would be required for Motions to extend the meeting and Motions to adjourn the meeting. Commissioner Edward Martinez, Jr., departed. .:. The Commission discussed "calling the question" during a Motion; and the Commission was in agreement that the current procedure should remain. . .:. The Commission decided to adopt the "Ranking Order Chart" in the "Parliamentary Procedure Basics for Governmental Bodies"(Third Edition, Agenda Associates). .:. It was agreed that the Chair will only recognize a Motion once all Commissioners, and the City Manger, have had the opportunity to speak on that Agenda Item. .:. The Commission decided that any individual Commissioner can separate a Consent Agenda Item to be discussed and/or voted on separately. Deputy Mayor Gennell directed the Interim City Clerk to transcribe the minutes so that the consensus that was taken will be easily identifiable. There was discussion regarding the consensus being documented in the form of a Resolution, and in such a form that amendments could also be made. Manager McLemore was directed to develop a draft Resolution and bring it back to the Commission. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION WORKSHOP - JULY 13. 1999 Page 5 of 5 III. ADJOURNMENT Deputy Mayor Gennell adjourned the Workshop. Minutes Respectfully Submitted by: Amy R. Lovingfoss. Interim Assistant City Clerk City of Winter Springs ATTACHMENT "L" MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 1 I. 1999 Page 14 of 18 VI. REGULAR B. Community Development Department And Wyman Fields Foundation Request The Commission Establish October 14, 1999 At 11 :00 A.M. As The Date For The Official Ground Breaking Ceremony For The Moss Road Redevelopment Project. This was acceptable with the Commission. It was noted that the festivities would start at the offices of Wyman Fields - 207 North Moss Road, Suite 105. C. Parks And Recreation Department Requesting The City Commission Consider City Concession Services. (This Agenda Item Is Postponed To The October 25, 1999 City Commission Regular Meeting) No action was taken or required. E. Deputy Mayor Cindy Gennell Requests The Commission Review The Attached Draft Of Commission Policies, As Discussed At The July 13, 1999 City Commission Workshop. The Commission went through the bulleted minutes attached to this Agenda Item, and clarified that they will adhere to the following procedures: . Starting with the October 25, 1999 Commission meeting, a workshop will be held prior to each Commission meeting, from 5:00 p.m. to 6:30 p.m., for a period of two (2) months. . "Agenda Packets will be made available to members of the Commission, no later than Wednesday, prior to the Commission Meeting". . "Robert's Rules of Order will be the underlying foundation for the conduct of the Commission meetings". . "Any Commissioner may request a Consent Agenda Item be held for separate consideration" . . "No motion shall be recognized by the Chair until all Commissioners and the City Manager have had an opportunity to address the Agenda Item". . "Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion". . "Amendments need not be approved by the maker of the Motion". . "All Motions shall be considered in accordance with the Ranking Order Chart in the Parliamentary Procedure Basics for Governmental Bodies". . There is no time limit as to the amount of time a Commissioner may speak. . "Motions to call the question, shall require a second and a vote". MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER 11, 1999 Page 15 of18 . "The Mayor shall strongly enforce the directives of the Commission, relative to disruptive members of the audience, and time limits on public input". . "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", . "Disruptive members of the audience, shall be given one (1) or two (2) warnings by the Chair. If these individuals commit further disruptions, the Police Chief shall escort them out of the Commission Chambers". The consensus of the Commission was that after one (J) warning - individuals who disrupt the meeting, will be escorted out of the meeting. . "Commission meetings shall be adjourned by 11 :00 P.M., however, they may be extended in one (1) hour increments, by a 'supermajority' vote". . "The consensus of the Commission was that regardless of the time, adjournment shall require a Motion, a second, and a 'majority' vote". . If the time to adjourn is before 11 :00 p.m., with the approval of a majority, the meeting can be adjourned. "I MAKE A MOTION THAT WE ADOPT THE CITY COMMISSION RULES FOR CONDUCTING BUSINESS, STARTING ON THE 25TH OF OCTOBER". MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. . The consensus of the Commission was to include "Chart II" from the Parliamentary Procedures booklet. There was further discussion about adjourning the meeting; motions; suspending the rules; and whether a Resolution or a Policy Paper should be completed. "MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE MOTION TO DIRECT THE CITY MANAGER TO BRING THIS BACK WITH THE CHANGES APPROVED THIS EVENING, IN THE FORM OF A RESOLUTION". MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. MAYOR PARTYKA THEN SAID, "NOW, THE MOTION WITH THE AMENDMENT ON THE MAIN MOTION". DISCUSSION. VOTE: COMMISSIONER MILLER: AYE; COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ: AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE. MOTION CARRIED. MINUTES CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - OCTOBER II, 1999 Page 16 of 18 Commissioner McLeod thanked Deputy Mayor Gennell and Mayor Partyka for their efforts with this project. Commissioner Edward Martinez, Jr. brought up a letter pertaining to "Establishing a free trade zone", Mayor Partyka said that he would address this issue under his seat. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire No report. B. City Manager - Ronald W. McLemore No report. C. City Clerk - Andrea Lorenzo-Luaces Ms. Lorenzo- Luaces thanked Mayor Partyka for his appointment, and the Commission for their ratification - in person. D. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez spoke about bringing it to the Commission's attention regarding such things happening in the Tuscawilla community, as "obstructions" and negativity. Tape 2/Side B He added that an attorney has taken the job of handling such issues and that he wanted to make sure that the Commission was aware of such actions. E. Commission Seat IV - Cindy Gennell Deputy Mayor Gennell asked about the qualifications of a candidate whose residency was being questioned. Attorney Garganese addressed this Issue and was asked if this was acceptable. Discussion. Deputy Mayor Gennell spoke about issues involving corporate logos. Discussion. ATTACHMENT "M" RESOLUTION 2001-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA FORMULATING A POLICY TO ENSURE THAT ALL MEETING.MINUTES OF THE CITY COMMISSION INCLUDING ALL ADVISORY BOARDS AND COMMITTEES ARE CONSISTENT IN THE SAME STYLE AND FORMAT, AND FOLLOW THE SAME GE.NERAL GUIDELINES AS LISTED BELOW; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, has found it necessary to periodically review its practices to provide guidelines for the most expedient and efficient business practices in the City; and believes that all meetings held by the City Commission and their Advisory Boards and Committees should be consistent; and WHEREAS, the City Commission of the City of Winter Springs, Florida has and will continue to comply with Florida Statutes 286.011 (2) which states that "The minutes of any such board or commission of any such state agency or authority shall be promptly recorded;" and will be retained in accordance with the State of Florida Records Management designated time limitations. . WHEREAS, all public meetings of the City Commission, and all of their Advisory Boards and Committees are recorded using audio tapes, which will serve. as the recordation of a meeting, and will be retained in accordance with the State of Florida ReCords Management designated time limits. From these audio tapes, official minutes will be promptly completed, thus serving as the official record, for all of time. The official and approved minutes will as always, be retained in accordance with the State of Florida Records Management designated time limitations. . WHEREAS, the City Commission of the City of Winter Springs, Florida agrees with a statement from the 9th Edition of Roberts Rules of Order (Newly Revised), Edited by Henty M. RobertID and William J. Evans which states that "In an ordinary.society, unless the minutes are to be published, they .shouldcontain mainly a record Of what was done at the meeting, not what was said by the members." The City Commission at their December 9, 1999 Regular Meeting, adopted Resolution Number 908 which established "certain policies and procedures for the conduct of any Commission Meetings." Item Number 3. of Resolution Number 908 notes that "Robert's Rules of Order shall be the 'underlying foundation' for the conduct of Commission Meeting." FURTHERMORE, the City Commission of the City of Winter Springs, Florida agrees that as the written minutes are intended to be just a summary of the actions that were taken, all minutes of the City Commission, and all of their Advisory Boards and Committees will be of the same style and format, with a foundation of brevity. .' ,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. Section s. Section 6. Meetings. AU public meetings shall be recorded in full. Except as printed herein. All minutes shall be produced and maintained in accordance with the 9th Edition of Roberts Rules of Order, maintaining a record of what is done; rather than what is said. Motions. All motions will be transcribed in full, along with who made the motion, and any corresponding vote(.s). Body. No comments, discussion, or statements that are stated or written "for the record,'" either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience will be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion and a Q.ocumented vote confirming this. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission 0 the . meeting assembled on the 26th day of MarcIL 001. Florida, in a regular Anthony A. Garganese, City ttomey CITY OF WINTER SPRINGS MINUTES CITY COMMISSION MEETING - MARCH 26, 2001 PAGE 27 OF 32 VOTE: (ON MAIN MOTION) COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR D. Office Of The City Clerk Requesting That The City Commission Of The City Of Winter Springs Consider The Attached Resolution Number 2001-04 Which Sets Forth A Suggested Format And Style For All City Commission Meeting Minutes And Advisory Board And Committee Meeting Minutes. (This Agenda Item Was Listed As Regular Agenda Item "A" On The February 26, 2001 Regular Meeting Agenda, But Was Postponed To This Meeting.) "MOTION TO APPROVE RESOLUTION." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR E. Community Development Department Requests The City Commission Consider Adopting Resolution Number 2001-07 Amending Resolution 600, Section II J Dealing With Consulting Fees. Mr. Carrington introduced this Agenda Item. "MOTION TO APPROVE RESOLUTION NUMBER 2001-07." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTACHMENT "N" RESOLUTION NO. 2001-47 A RESOLUTION OF TIlE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE POLICIES AND PROCEDURES FOR THE CONDUCT OF COMMISSION MEETINGS; PROVIDING FOR CONFLICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission deems it is in the best interests of the City to amend the policies and procedures of the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. follows: Commission Rules. City Commission Resolution No. 908 is hereby amended as a. Rule 8, "There shall be no limit as to the amount of time a Commissioner may speak. ", is hereby deleted in its entirety and shall be replaced with a new Rule 8 as follows: "Once a motion has been made and seconded on any agenda item, each Commissioner shall be entitled to speak for a period of five (5) minutes when recognized by the Chair, not to exceed ten (10) minutes on anyone motion." Section 2. Repeal of Prior Inconsistent Resolutions. All prior Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ANDREA LORENZO-LUACES, City Clerk Winter Springs\Resolutions\Res 2001-47 -amend policies of comm meet. wpd CITY OF WINTER SPRINOS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10.2001 PAGE 24 OF 33 on this end - move it out on both ends and lay that - just the four (4) comers basically- with stakes out here in this parking lot." Deputy Mayor McLeod commented on the size of the park and said that, "It would be very wise to just put a stake out here in the yard, to stake it out so when the Commission comes to the meeting they are able to visualize the size of this park." Deputy Mayor McLeod suggested to Manager McLemore that "It would behoove us to take a couple of stakes out here with a little colored flag on them and lay these two (2) different parks out." Commissioner Gennell added, "When this come back to us again, I would like for you to give us an occupancy or a capacity, a comfort level load that this would have for any small event that would be there." Mr. Zaudtke suggested that this matter would come back before the Commission at "The second meeting of January." Commissioner Robert S. Miller commented about the road that passes on the south side of the - Town Center and asked, "Is there a possibility there of looking at that as an item which could be - abandoned?" Mr. Zaudtke stated, "If the Commission wants it in there, we would have to look at other ramifications of that; and one is that the road going in to the state system which is the Trail, you know getting an easement for that. The other is that it makes the parcel to the north very small." Commissioner Miller added, "In terms of maybe making it a bit larger than it is, but I don't know what would be required to do that, I am just asking you to look at it, maybe come back." Mr. Zaudtke stated, "We'll look at it." REGULAR Office Of The City Manager G. Requesting The City Commission Set A Workshop Date In January 2002 To Review The Capital Improvement Plan. The consensus of the Commission was that this Workshop be held on January 21 st, 2002 at 6:30 p.m. Commissioner Gennell remarked that "We're not going to have anything added on." REGULAR I. Office Of The City Attorney Requesting the City Commission Approve Resolution Number 2001-47 Amending Rule 8 Of The City Commission's Rules Of Procedure. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - DECEMBER 10.2001 PAGE 25 OF 33 VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY COMMISSIONER GENNELL: AYE DEPUTY MAYOR McLEOD: NAY COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Blake stated, "I would like to request in the Resolution that we just adopted, I'd like to ask you to use the timer, and use it all the time to make sure that everybody is treated equally!' Mayor Partyka stated, "Absolutely." REGULAR J. Office Of The City Manager/Office Of The City Attorney Requests The City Commission Consider A Vested Rights Application Submitted By AVA Anthony, Inc., Regarding A Proposed Gasoline Station Located At The Intersection Of State Road 434 And Hayes Road. Attorney Garganese introduced this Agenda Item and in his opening remarks to the Commission stated, "I think the City could raise some significant affirmative defenses in a Vested Rights action, but I can't predict the outcome." Manager McLemore advised the Commission ''Not to make a decision on the issue, specifically tonight, and in the alternative to see if you have any interest in the Staff working with the applicant to come up with a type of design that would be an asset to the community." Manager McLemore added, "Now, I need to be very straight with the applicant because I am not talking about putting up a few extra trees. I am talking about rooflines, I am talking about real architecture, to create a type of facility that would be an asset, that would have more of the look ofa village filling station kind of thing." Mr. Arron J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A.: 215 North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz addressed his client's previous actions, and possible strategies which could involve litigation. Mr. Garovitz stated, "I think what your Staff is suggesting and what we would agree to is - I would like to try to do it in thirty (30) days because we have internal issues and try to get on your Agenda in January; but sitting together and try to negotiate a - what I will call a stipulated settlement agreement before you vote, and before we even decide to go to Court I would commit to you that we will use our best efforts to do. Your staff has let us know that they are not talking about putting two (2) trees in the ground; that they are talking about something architectural that makes sense for the City of Winter Springs and we're committed to do that." ATTACHMENT "0" RESOLUTION NO. 1003-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING RESOLUTION NO. 908 AND AMENDING AND RESTATING IN THEIRENTImETYTBE 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 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. 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 Belone 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 of five (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 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 PARLIAMENTARY PROCEDURE BASICS FOR GOVERNMENTAL BODIES ...... ... THIRD ADDITION AGENDA ASSOCIATES 4610 Foreland place Orlando, Florida 32812 Copyright 1998 Randi Sutphin, PRP 13 Fix time to which to adjourn. Privileged Motions Yes No 10 No No Yes Maj No Ma" No Yes Ma . No No -" --- No No -" --- No 12 To adourn Yes No 11 To take a recess Yes No 9 Call for orders of the da No No Subsidiary Motions 8 Lay on Table Yes No No Maj No 7 Previous Question Yes No No 2/3 Yes 6 Limit or Extend Limits of Debate Yes No Yes 2/3 Yes 5 Postpone Definitely Yes Yes Yes Maj Yes 4 Commit or Refer Yes Yes" Yes Maj Yes' 3 Amend Yes Yes Yes Maj Yes 2 Postpone Indefinitelv Yes Yes No Maj Yes" Main Motion I Yes I Yes I Yes I Maj I Yes II *Consult Robert's Rules of Order Newly Revised for special rules. 20 INCIDENTAL MOTIONS Appeal Yes Yes* No Ma"* Yes Sus end Rules Yes No No 2/3* No Point of Order No No No No No Objection to Consideration No No No 2/3* Neg * Vote Division of Assembl No No No No No Read a Pa er Yes No No Ma" Yes Withdraw a Motion No"" No No Maj* Yes N Vote Divide a Question Yes No Yes Ma' No Close Nominations or Polls Yes No Yes 2/3 No Consider Seriatim Yes No Yes Ma' No UNCLASSIFIED MOTIONS MOTIONS THAT BRING BACK Reconsider Yes Yes* No Maj No Rescind Yes Yes'" Yes Maj** yes Nea Vote Take From The Table Yes No No Mai No · Consult Robert' Rules of Order Newly Revised for special rules. ** With previous notice. Without previous notice - 2/3 vote. 21 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 5 OF 23 CONSENT 10. E. Finance Department Requests The City Commission Approve An Interfund Loan From The General Fund To The Central Winds Debt Service Fund In The Amount Of $225,330 To Pay The FY 03 Debt Service On The Central Winds Limited Obligation Bond. Discussion. CONSENT 11. F. Office Of The City Attorney Presents Resolution Number 2003-06 To The City Commission For Approval. The Resolution Memorializes The Previous Discussion Of The City Commission To Amend The City Commission's Rules And Procedures. With discussion, Commissioner Blake stated "We have had issues in the past with getting Agendas out on time" and spoke of his concerns with the language in 3. b A. Deputy Mayor Robert S. Miller suggested, "I think we should take out 'Agenda Packets' andjust leave the Agenda Item." Furthermore, Deputy Mayor Miller clarified that "I think we should delete that 'Agenda Packets' - they should be available on Wednesday." Mayor Bush then stated, "We will pull [Consent] Item 'F' off and it will go on to the Regular Agenda." Commissioner McLeod said, "I agree with Deputy Mayor Miller, 'Packets' probably should be changed to a single Agenda Item, ifit needs to get to us later." Discussion then ensued on the proposed time limits, and Commissioner McLeod stated, "I have a problem with that" Mayor Bush added that he was concerned with this issue too. Tape IISide B With further discussion, Commissioner Blake stated, "Pull the Item off - Consent, and put it on the Regular [ Agenda]." CONSENT 12. G. Utility Department Requesting Approval Of A Quit Claim Deed Conveying Property To The City. CONSENT 13. H. Public Works/Utility Department Requesting Approval Of Change Order #1 For Triple Luminaries On The Mast Arms At State Road 434 And Tuskawilla Road. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27. 2003 PAGE 8 OF 23 VOTE: DEPUTY MAYOR MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS PUBLIC HEARINGS 24. A. Office Of The City Manager Requests That The City Commission Consider For First Reading Ordinance Number 2003-02, Which Repeals Ordinance Number 545 And Dissolves The Tuscawilla County Club Village Streetlight Maintenance District ("District") Pursuant To Section 189.4042, Florida Statutes. The Proposed Ordinance Also Dissolves Resolution Number 720, And Discontinues The Levy, Collection, And Enforcement Of Non-Ad Valorem Assessments By The District As Provided Under Section 197.3632, Florida Statutes. As stated earlier in this Meeting, this Agenda Item was pulled from this evening's Agenda as it was requested that "This be delayed to a future Meeting." .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) CONSENT AGENDA ITEMS WERE ADDED TO THE REGULAR AGENDA, IN THE ORDER AS DISCUSSED AND AS DOCUMENTED. .:. .:. REGULAR FORMERLY LISTED ON THE CONSENT AGENDA 11. F. Office Of The City Attorney Presents Resolution Number 2003-06 To The City Commission For Approval. The Resolution Memorializes The Previous Discussion Of The City Commission To Amend The City Commission's Rules And Procedures. Discussion ensued on the proposed time limits and reasons for delays in getting the Agenda out. Deputy Mayor Miller stated, "We need to have the Agendas on Wednesdays." DEPUTY MAYOR MILLER SUGGESTED, "I WOULD SUGGEST THAT WE JUST DELETE THE TEN (10) MINUTES - SO THAT EVERYBODY GETS FIVE (5) MINUTES IN ROTATION." MAYOR BUSH THEN STATED, "COMMISSIONER MILLER, YOU ARE RECOMMENDING THAT IN ITEM - 3. G., THE LAST - THREE (3) LINES AFTER THE WORD 'ITEM' - IT NOW IS CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27, 2003 PAGE 9 OF 23 A COMMA, BECOMES A PERIOD AND THE REST OF THAT BE STRICKEN - SO THAT 'PROVIDED NO COMMISSIONER OR THE MAYOR SHALL BE GIVEN MORE THAN A TOTAL OF TEN (10) MINTES TO SPEAK ON AN AGENDA ITEM UNLESS ADDITIONAL TIME IS APPROVED BY MAJORITY VOTE OF THE CITY COMMISSION' - THAT WOULD BE STRICKEN." DEPUTY MAYOR MILLER STATED, "CORRECT." MAYOR BUSH THEN INQUIRED, "IS THAT A MOTION?" DEPUTY MAYOR MILLER STATED, "YES IT IS." MOTION BY DEPUTY MAYOR MILLER. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "WE SHOULD HAVE TmS PACKAGE BY WEDNESDAY, REGARDLESS OF WHAT ELSE IS PENDING, AND IF YOU HAVE OTHER ITEMS THAT YOU FEEL ARE IMPORTANT, YOU SHOULD PUT THEM ON AS AN ADDED AGENDA ITEM, AND BRING THEM TO THE COMMISSION, AND WE WILL DECIDE BEFORE THE MEETING WHETHER WE SHOULD TAKE THEM ON, OR NOT - WE COULD DISCARD THEM OR ACCEPT THEM." COMMISSIONER BLAKE SPOKE ON IDS INTERPRETATION OF THE MOTION AND STATED, "THE EFFECT OF STRIKING THESE THREE (3) LINES TAKES AWAY THE TEN (10) MINUTES PER INDMDUAL TOTAL LIMITATION; BUT WHAT IT DOES NOT DO IS IT DOES NOT TAKE AWAY THE REQUIREMENT TO HAVE THE FLOOR FOR IN EXCESS OF FIVE (5) MINUTE ALLOTS." FURTHER, COMMISSIONER BLAKE POINTED OUT, "I DO NOT BELIEVE MR. MAYOR THAT STRIKING THESE THREE (3) LINES LIMITS A COMMISSIONER, ANY GIVEN COMMISSIONER OR YOU THE MAYOR, TO TWO (2) FIVE (5) MINUTE INCREMENTS, PERIOD, AND THAT IS IT. I THINK WHAT IT SAYS IS YOU CAN'T HOLD THE FLOOR FOR ANY LONGER THAN FIVE (5) MINUTES AT A TIME, IF SOMBODY ELSE WANTS A CHANCE AT IT." COMMISSIONER SALLY McGINNIS ADDED, "THAT IS HOW I READ IT." WITH FURTHER DISCUSSION, MAYOR BUSH STATED, "YOU CAN'T HOLD THE FLOOR LONGER THAN FIVE (5) MINUTES AND EVERYBODY GETS THEIR FIVE (5) MINUTE CRACK BEFORE YOU GO INTO YOUR SECOND FIVE (5) UNLESS NOBODY ELSE WISHES TO SPEAK." COMMISSIONER McLEOD ADDED, "AS LONG AS THERE IS NOT A MAXIMUM TIME LIMIT." MAYOR BUSH ADDED, "THE MAXIMUM HAS BEEN STRICKEN." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 27. 2003 PAGE lO OF 23 VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. With further discussion, Mayor Bush stated, "The Commission voted to approve the correction on item G. - where the last three (3) lines were stricken. The other items have not been voted on one way or another." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2003-06 INCORPORATING THE LANGUAGE OF THE PREVIOUSLY APPROVED MOTION, CHANGING THE AGENDA PACKET LANGAUGE TO READ THAT THE AGENDA PACKETS ARE DUE WEDNESDAY AT 5:00 P.M. AND ANY ADDITIONAL ITEMS THAT FALL WITHIN THE EMERGENCY PROVISION THAT IS IN THERE, WOULD BE ALLOWED, AND IT INCORPORATES THE REST OF THE RESOLUTION AS WRITTEN." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. MAYOR BUSH CLARIFIED, "AGENDA PACKETS SHOULD BE MADE AVAILABLE TO COMMISSIONERS NO LATER THAN WEDNESDAY AT 5:00 P.M., PRIOR TO THE COMMISSION MEETING." COMMISSIONER BLAKE ADDED, "HOWEVER, WHEN ABSOLUTELY NECESSARY OR IN THE EVENT OF AN EMERGENCY, THE CITY MANAGER MAY DISTRIBUTE ADD-ON AGENDA ITEMS AFTER WEDNESDAY AT 5:00 P.M." VOTE: COMMISSIONER McLEOD: NAY COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. ATTACHMENT "P" RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISmNG A POLICY REGARDING THE PUBLIC'S ABILITY TO ADDRESS THE MAYOR AND CITY COMMISSION AT PUBLIC 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, 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 Eleventh Circuit Court of Appeals in Rowe v. City of Cocoa, 358 F.3d 800 (U.S. 11 th Cir. 2004), recently upheld a city residency restriction permitting the governing body of the city to decline to hear argument at their meetings by persons who were not residents or taxpayers of the city; and WHEREAS, the Rowe decision also affirmed a city council's ability to establish rules of procedure for council meetings in order to promote orderly and efficient conduct of such meetings; and WHEREAS, this resolution although adopted for City of Winter Springs purposes is substantially similar to the City of Cocoa resolution upheld in the Rowe case; 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. ADDRESSING THE MA YORAND CITY COMMISSION. The following policy is adopted for City Commission meetings: Resolution No. 2004-12 City of Winter Springs Page 1 of 5 A. ORAL COMMUNICATIONS. Any person desiring to address the Mayor and City Commission shall first secure the permission of the presiding officer and shall state hislher name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the Mayor and City Commission of the name of the person, group, business, or organization being represented. All remarks shall be addressed to the Mayor and City Commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the City Commission. Individual members of the public shall limit their discussion or comments to no more than three (3) minutes. Individuals representing a group or homeowner's association shall limit their discussion or comments to no more than five (5) minutes. No questions shall be asked of the Mayor or a City Commission member or city official except through the presiding officer. B. WRITTEN COMMUNICATION. Interested persons may address the Mayor and City Commission by written communications in regard to a matter then under discussion. C. READING OF PROTESTS. Interested persons may address the Mayor and City Commission by reading of protests, petitions, or other communications related to matters then being considered by the City Commission. D. NON-RESIDENT AND/OR NON-TAXPAYER RESTRICTION. The City Commission, by majority vote, may decline to hear any person who is not a resident or taxpayer of the City, except: 1. When the person is a user of the City's water or sewer system and wishes to be heard on a matter related to the City's sewer and/or water system. 2. When such person is a city employee who wishes to be heard on a matter relating to hislher employment; or 3. When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the City Commission. E. DELEGA TIONS. In its discretion, the City Commission may set aside up to thirty minutes of each regular meeting for "delegations." The purpose of such delegations shall be for any resident or taxpayer of the City to make hislher views known to the City Commission upon any subject of general or public interest. Additionally, a city employee shall be permitted to address the Mayor and City Resolution No. 2004-12 City of Winter Springs Page 2 of 5 Commission as to matters regarding his/her employment, and a user of the City's sewer or water system shall be permitted to address the City Commission regarding matters related to the City's sewer and/or water system. Each person addressing the City Commission during public forum shall speak for no more than three (3) minutes and a person representing a group or homeowner's association shall speak for no more than five (5) minutes, unless a greater time is provided by a majority vote of the City Commission. 1. If it appears that a matter presented by a speaker during delegations is administrative in nature, and the question or matter raised can be adequately answered or addressed by the City's City Manager or administrative staff, the City Commission may request, upon proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the City Commission, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the City's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the City Commission during the delegations portion of any subsequent City Commission meeting. 2. The City Commission recognizes that delegations is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing arguments or repetitious questions concerning matters which the City Commission believes to be closed or not of general public concern. The City Commission shall have the right at any delegations to decline to hear any person or any subject matter upon proper motion and majority vote by the City Commission. F. PUBLIC HEARINGS IN GENERAL. The City Commission shall hold a public hearing on every proposed ordinance that comes before the City Commission for adoption in accordance with Section 166.041, Florida Statutes, or any procedure of general law that supersedes this provision. 1. The City Commission shall hold a public hearing on any resolution affecting rates and charges for potable water, reuse water, stormwater, sewer services, garbage, and special assessments. 2. All public hearings shall be advertised in a newspaper of general circulation one time in advance of the public hearing, stating the date, time, place, and nature of the public hearing, and the location where further information may be obtained regarding the subject matters to be considered. Advertisements shall comply with the public notice requirements of the Florida Statutes. 3. Further, the proposed ordinance or resolution and notice shall be placed at Resolution No. 2004-12 City of Winter Springs Page 3 of 5 City Hall for public review in advance of each public hearing. 4. At the public hearing, the city attorney shall read any ordinance or resolution by title or in full, as required by general law of City Charter, for the public record, and provide general background to the item. 5. Members of the public speaking on public hearing items, though entitled to be heard by the City Commission, are not entitled to an immediate response by either administrative staff members or City Commission members once the public hearing is closed; however, commission discussion mayor may not include a response. No question by the public should be addressed directly to any member of the administrative staff. 6. Public debate by individual speakers from the audience on public hearing agenda items shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to five (5) minutes; and total debate on a single issue shall be limited to thirty (30) minutes. Applicants shall be limited to ten (10) minutes. The City Commission may grant additional time by majority vote of the City Commission if the complexity of the relevant issues raised during the public hearing require additional public debate. The City Commission by majority vote also reserves the right to reduce the time limits to speak if the hour of the Commission meeting is late or a large number of speakers desire to speak. Only one (1) presentation per person per issue shall be allowed. 7. Speakers shall be limited to speak on the subject matter of the public hearing item. The presentation of repetitious questions or information concerning the public hearing item shall not be permitted. 8. It shall be the responsibility of any person deciding to appeal any decision made by the City Commission with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. 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 of this resolution. Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. All prior inconsistent resolutions adopted by the City Commission are hereby repealed. Resolution No. 2004-12 City of Winter Springs Page 4 of 5 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 the policies 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 12th day of April ,2 "~ legal form and sufficiency for er Springs only: ANTHONY A. GARGANESE, City Attorney Resolution No. 2004-12 City of Winter Springs Page 5 of 5