HomeMy WebLinkAbout2011 01 24 Regular 601 City Commission Rules and Procedures and Uniform Requirements for City Boards and Committees COMMISSION AGENDA
Consent
I TE Informational
Public Hearin
Regular x
January 24, 2011 MGR /DEPT.
Regular Meeting Authors tion
REQUEST: The City Attorney presents to the City Commission for discussion and direction the
current City Commission Rules and Procedures and the Uniform Requirements for City Boards
and Committees set forth in the City Code.
SYNOPSIS:
The City Commission directed that the City Attorney prepare an agenda item that would allow the City
Commission to evaluate the current Uniform Rules and Procedures for the City Commission and City
Boards and Committee and to provide direction with respect to any modifications. Primarily, the
procedural rules are set forth in City Commission Resolution 2010 -42, Resolution 2001 -14, and
Ordinance 2010 -14.
CONSIDERATIONS:
1. The City Commission has the right to adopt rules and procedures for itself and other City
Boards and Committees provided such rules are consistent with law.
2. The City Commission has historically adopted rules and procedures regulating the
conduct and procedures at City Commission meetings.
3. In one recent instance, the City Commission also approved rules and procedures prepared
by the Code Enforcement Board with the assistance from the City Attorney's office.
4. On July 12, 2010, the City Commission updated and adopted new rules and procedures
per Resolution 2010 -42, Resolution 2010 -42 and its previous more recent predecessor
Resolutions consolidated many ad hoc rules that had previously been adopted by
individual resolutions and motions.
5. Section 1B of Resolution 2010 -42 references that Robert's Rules of Order shall be the
underlying foundation for the conduct of City Commission meetings and will be followed
to the extent practical and feasible. Robert's Rules are not restated in the Resolution. A
copy of Robert's Rules is on the City Commission Dias for reference during meetings.
6. Resolution 2010 -42 also references a Motion Ranking Chart prepared by Agenda
Associates, who are local parliamentary procedure experts. A copy of the Chart is
attached.
7. Relative to quasi-judicial matters, the City Commission adopted Ex Parte
Communication Rules per Florida Statutes and Resolution 2001 -14. To date, although
REi,i1LAR MEETING - JANUARY 24, 2011
REGULAR AGENDA ITEM "601"
PAGE 2 OE 2
the City Commission has technically afforded due process in accordance with quasi -
judicial rules, the City Commission has not directed that any other quasi-judicial rules be
adopted in writing. Further, from time to time and on a case -by -case basis, the City
Commission has approved formal procedural rules for quasi-judicial hearings that
required more formal structure due to competing community interests and the complexity
of some land development applications. An example of such procedures is attached. The
City Commission may want to consider directing that the City Attorney to propose to the
City Commission by resolution more comprehensive quasi-judicial rules and procedures
for future use by the City Commission.
FISCAL IMPACT:
•
None
COMMUNICATION EFFORTS:
This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City
Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission
Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server.
Further, information related to this Agenda Item has been sent to media/press representatives
who have requested Agendas/Agenda Item information, all Homeowner's Associations on file
with the City, all individuals who have requested Agendas/Agenda Item information, Department
Directors; and also posted outside City Hall; posted inside City Hall with additional copies
available for the general public; and posted at five (5) different locations around the City.
RECOMMENDATIONS:
The City Attorney recommends that the City Commission evaluate the current rules and
procedures of the City Commission and the City boards and committees and provide direction as
to whether the City Commission desires any modifications or enhancements.
ATTACHMENTS:
1. Resolution 2010 -42
2. Ordinance 2010 -14
3. Motion Chart (Agenda Associates)
4. Resolution 2001 -14
S. Example of QJ Procedure
6. Code Board Policies
RESOLUTION NO. 2010-42
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RESTATING AND ADOPTING, AS AMENDED,
THE RULES AND PROCEDURES FOR CITY COMMISSION
MEETINGS IN FURTHERANCE OF ENSURING EFFICIENT,
EFFECTIVE AND DECOROUS MEETINGS; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission has previously adopted Resolution 2009 -10, setting forth
rules and procedures for the conduct of City Commission meetings in order to provide for efficient,
effective, and decorous meetings; and
WHEREAS, the City Commission desires to amend the rules and procedures to permit
public input at the City Commission's discretion at special and workshop meetings in addition to
regular meetings; and
WHEREAS, for ease of reference, the City Commission also desires to restate these rules
and procedures in one comprehensive Resolution; and
WHEREAS, the 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. I I" Cir. 2004), 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
City of Winter Springs
Resolution No. 2010 -42
Page 1 of 7
WHEREAS, this public input provisions set forth in this resolution, although adopted for
City of Winter Springs purposes, are substantially similar to the City of Cocoa resolution upheld in
the Rowe case; and
WHEREAS, the City Commission further desires to establish a Campaign -Free Zone within
the City Commission chambers in order to facilitate orderly and efficient meetings; Cleveland v. City
of Cocoa Beach, No. 03- 16514, 2007 WL 869055 (11th Cir. Mar. 23, 2007); and
WHEREAS, the City Commission deems it to be in the best interests of the public health,
safety, and welfare of the citizens of Winter Springs that the City Commission have rules of order
for the conduct of its business.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Incor oration of Recitals. The foregoing recitals are deemed true and
correct and are hereby fully incorporated herein by this reference.
Section 2. Commission Rules. The City Commission hereby adopts the following rules
and procedures for conducting City Commission meetings:
I. RULES AND PROCEDURE 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.
B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying
foundation" for the conduct of Commission meetings and will be followed to the
extent practical and feasible and to the extent not modified by this Resolution.
(Robert's Rules of Order may be suspended by a majority vote.)
C. Consent Agenda. Any Commissioner may request that a Consent Agenda
Item be held for separate consideration.
D. Motions. No Motion shall be recognized by the Chair until all
Commissioners and the City Manager have had an opportunity to address that
Agenda Item.
E. Motions Belong to Commission. Motions, once made, and seconded,
belong to the Commission, not the individual making the original Motion. Motions
City of Winter Springs
Resolution No. 2010 -42
Page 2 of 7
which have been seconded may be withdrawn by consensus of the Commission
without a formal vote. (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 A 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 minimum 213 vote of the Commission.
I. Time of Adjournment. Unless sooner adjourned by majority vote of the
City Commission, the Mayor shall adjourn the Commission meeting at 10:00 p.m.
However, by super majority vote of the City Commission, a Commission meeting
may be extended beyond 10:00 p.m. in time increments or to handle any specific
agenda item(s).
II. ADDRESSING THE MAYOR AND CITY COMMISSION.
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
his/her 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.
City of Winter Springs
Resolution No. 20I0 -42
Page 3 of 7
C. Reading 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.
1a. Mayor Enforce Time Limits. The Mayor shall strongly enforce the
directives of the Commission relative to disruptive members ofthe audience and time
limits on Public Input.
E. Disruptive Behavior Prohibited. Disruptive behavior by members of the
audience including, but not limited to, fighting, yelling, throwing or launching
projectiles, audible use of electronic devices, and causing loud noises is strictly
prohibited.
F. Certain Remarks Prohibited. Obscene or disparaging language, fighting
words, or slanderous remarks are strictly prohibited at the City Commission
meetings.
G. Non - resident and /or Non - taxpayer Restriction. The City Commission, by
majority vote, may decl ine 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 his/her 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.
H. Delegations. In its discretion, the City Commission may set aside up to thirty
minutes of each regular, special or workshop meeting for "delegations." The purpose
of such delegations shall be for any resident or taxpayer of the City to make his/her
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
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
City of Winter Springs
Resolution No. 201042
Page 4 of 7
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
administrativc 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.
r. 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.
I . 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.
1 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 City Hall for public review in advance of each public hearing.
City of Winter Springs
Resolution No. 2010 -42
Page 5 of 7
4. At the public hearing, the city attorney shall read any ordinance or
resolution by title or in full, as required by general law or 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
may or 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.
J. Campaign -Free Zone. The City Commission chamber is hereby declared a
campaign -free zone and visible campaign materials and speeches shall be prohibited
in the chamber during City Commission meetings. Standard size (approximately 2
inches by 4 inches) candidate name badges are permitted.
K. Enforcement; Order of Removal. The Mayor or the presiding City
Commissioner shall enforce the rules adopted under this Article II. Any person in
violation of any of the rules shall first be given a warning of the violation. Any
subsequent violations shall be cause for removal from the chambers by the Police
Resolution No. 2010 -42
City of Winter Springs
Page 6 of 7
Chief or his designee for the remainder of the City Commission meeting by order of
the Mayor, the presiding City Commissioner or a majority of the City Commission.
Notwithstanding, the Mayor, the presiding City Commissioner or a majority of the
City Commission may order the immediate removal of any person from the City
Commission chambers that poses a threat to property or life safety.
Section 3. SeverabilLty. if any section, subsection, sentence, clause, phrase, word, or
portion 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 resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict, including, but not
limited to Resolution 2009 -10.
Section 5. Effective !late. This Resolution shall become effective immediately upon
its adoption by the City Commission of the City of Winter Springs, Florida.
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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this 12` day of July, 2010.
ATTES
1J
A ORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of r ter Springs only:
ANTHONY A. GARGANESE, City Attorney
Resolution No. 2010 -42
City of Winter Springs
Page 7 of 7
ORDINANCE NO. 2010 -14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE
UNIFORM REQUIREMENTS FOR CITY BOARDS AND
COMMITTEES; PROVIDING FOR THE REPEAT.. OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, amending the uniform requirements for City boards and committees will
streamline and provide efficiency for the City; and
WHEREAS, amending the uniform requirements for City boards and committees will be
economically efficient for the City; and
WHEREAS, the City Commission desires to appoint City board and committee members
to staggered terms; and
WHEREAS, the City Commission desires to appoint board and committee members to
corresponding seats; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapters 2 and 14
are hereby amended as follows: (underlined type indicates additions and strikean t type indicates
deletions, while asterisks ( * * *) indicates unchanged text that has been omitted from this Ordinance.
(It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Sec. 2-4i. Fee paid to appo c d board ineAnbem s; attendance ot"Meet 1111P.
City of Winter Springs
Ordinance No, 2010 -14
Page l of 6
See. 2 -42. Appointments of boards and committees.
(a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and committees and to ensure that
decisions of boards and committees are in the best interests of the city. The purpose of this section
is also to establish uniform and consistent procedures and requirements for establishing and /or
abolishing boards and committees, and appointing and removing members thereof, and for
conducting board and committee business.
To the extent the provisions of this section conflict with other provisions of this Code, it is the intent
of the city commission that the provisions of this section shall prevail.
(b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the
following meaning:
"Resident" shall mean any person living within the city limits at all times while serving on said board
or committee, and at least six (6) months prior to being nominated, elected or appointed to the board
or committee.
(c) Requirements of board and committee members. Any person nominated, elected or appointed to
serve on a board or committee of the city shall satisfy the following requirements, except as
otherwise provided by state or federal law.
(1) Complete a board or committee application as prescribed by the city commission;
(2) Consent to a standard criminal background check;
(3) Be duly registered to vote in Seminole County;
(4) Be a resident as defined in this section; and
(S) Has never been convicted or found guilty, regardless of adjudication, of a felony in any
jurisdiction, any plea of nolo contenders shall be considered a conviction for purposes of this
paragraph.
(d) Appointment monad -of members. Unless otherwise required by state or federal law, or
specifically provided otherwise in the Code, each city board and committee shall be cnmnri�Prt of
City of Winter Springs
Ordinance No, 2010 -14
Page 2 of 6
IMII
W Ala
wid- 4r committees
commission.
Mnovcd froxrto a city boards
by majority vote of the city
(e) fLTerm. Unless otherwise provided by state or federal law, all board and committee members
shall be appointed to serve four three -year terms and may be reappointed by thc city commissiol for
subsequent fourdwee -year terms . All board and committeP mpmharc cha11 1,P
(- j Absences. Unless otherwise provided by state or federal law, or for boards and committees
that regularly meet on a quarterly or less more frequent basis, any board or committee member
incurring three (3) consecutive absences from any regularly scheduled meeting of the board or
committee, or seven (7) absences from any meeting of the board or committee within a twelve -month
period (starting with the last absence and counting backward), shall be deemed automatically
removed from the respective board or committee in which the absences have occurred. For boards
and committees that regularly meet on a quarterly or less frequent basis, the number of absences
which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month
period. Any meeting which is cancelled, other than for lack of a quorum, shall not be counted for
purposes of determining absenteeism. Absences which occurred prior to the date of reappointment
of any board or committee member shall not be counted toward automatic removal.
(g)O Chairmanships. Unless otherwise provided by state or federal law, each board and committee
shall be responsible to elect, by majority vote of the members of each board or committee, a
chairperson and vice - chairperson. The election shall occur annually at the first meeting held in
January, unless there is no January meeting, then the next meeting held. All newly established boards
City of Winter Springs
Ordinance No, 2010 -14
Page 3 or 6
(e) Removal of members. Board and committee members shall serve at the pleasure of the city
commission and may be summarily removed at any time with or without cause. for
and committees shall make such elections at their regularly held meeting and then annually as stated
above. Alternate members (as provided below) shall not be elected to positions of chairperson or
deputy - chairperson.
ftLiLAlternate members. At the discretion of the city commission, two (2) alternate members may
be appointed to each City of Winter Springs board or commission, unless otherwise provided by law.
Alternate members shall be provided with all agendas and documentation provided to regular
members and shall be permitted to provide input during discussions. Alternate members shall not
be permitted to vote on matters before the board unless they have assumed the duties of an absent
regular member.
The member of the board who has served longer as an alternate member shall be the first alternate
board member. If the first alternate member leaves the board or is appointed a regular board member,
the successor to the first alternate board member shall be that alternate board member with the longer
service as an alternate member. The next appointed alternate member shall be designated as the
second alternate board member:
In the absence of a regular member from an official board meeting, the first alternate board member
shall assume all duties of the absent regular board member, including the right to vote on any matter
before the board at that meeting. If two (2) or more regular board members are absent from an
official board meeting, the second alternate member shall assume all duties of an absent regular
member, including the right to vote on any matter before the board at that meeting.
In the absence of the first alternate board member from an official board meeting, the second
alternate board member shall act in the place of the absent first alternate, including the right to vote
on matters before the board at that meeting if a regular member is absent at that meeting.
(iY- LMultiple board or committee membership. No member of any appointed board or committee
of the City of Winters Springs shall be allowed to serve on more than one such board or committee
at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board
or committee member, at the time of the effective date of this subsection (Jan. 14, 2002] who is a
member of more than one (1) board or committee, may continue to serve on each such board or
committee until the expiration of the current term of each respective board, the member resigns from
such board or committee, or is removed, in accordance with this Chapter, from any such board or
committee.
Sees. 2- 43- -2 -55. Reserved.
See. 2 -56. Creation.
The city does herewith and does hereby create a code enforcement board pursuant to the
terms of F.S. Ch. 162.
Sec. 2 -57. Membership; appointment; qualifications.
The code enforcement board shall consist of seven (7) members to be appointed by the city
commission to seats numbered one 1 two 2 three 3 four (4) five (51 six 6 and seven 7 in
accordance with Section 2- 42(d). Appointments to the board shall be on the basis of experience or
interest in the fields of zoning and building control. The membership of the code enforcement board
shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor,
a subcontractor and a realtor or as otherwise provided by law.
City of Winter Springs
Ordinance No. 2010 -14
Page 4 of 6
Sec. 2 -76. Created.
There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as
"BOWS").
See. 2 -77. Composition; appointment of members.
BOWS shall consist of five seven - (7)- members,
to be aRpointed and removed in
accordance with Section 2 -42.
Sec. 14 -52. Board of trustees.
(a) There is hereby created and established a board of trustees consisting of five (5) members who
shall be appointed and remnvPrl ac ear fnrtli 7_Al
(b) The board of trustees shall meet no less than quarterly to review the performance of the pension
plan and conduct such other business as the board deems appropriate and necessary.
(c) The board of trustees shall administer the city's pension plans pursuant to the provisions
contained therein as adopted by the city commission.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance 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
City of Winter Springs
Ordinance No. 2010 -14
Page 5 of 6
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
ection . Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 24` day of Mav_ ?01 ()
JO . BUSH; Ma
ATTESM
Approvfd as to legal form and sufficiency for
the City "inter Springs only:
ANTHONY A. GARGA SE, City Attorney
First Reading: May 10, 2010
Second Reading: May 24, 2010
Effective Date: May 24, 2010
City of Winter Springs
Ordinance No. 2010 -14
Page 6 of 6
13
Fix time to which to adjourn.
Yes
No
Yes
Maj
yes
12
To adjourn
Yes
No
No
Ma'
No
11
To take a recess
Yes
No
Yes
Ma'
No
10
Question of privilege
No
No
No
Maj
No
9
Call for orders of the day
No
No
No
Maj
Yes*
C.ihcirlihr�y Mn #innc
8
Lay on Table
Yes
No
No
Maj
No
7
Previous Question
Yes
No
No
213
Yes
6
Limit or Extend Limits of Debate
Yes
No
Yes
1 2/3
Yes
6
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 lndefinitel
Yes
I Yes
No
Maj
Yes*
Main Mntinn
Main Motion Yes Yes Yes Maj Yes
*Consult Robert's Rules of Order Newly Revised for special rules.
20
UNCLASSIFIED MOTIONS
MOTIONS THAT BRING BACK
Reconsider
Rescind
Yes I Yes* 1 No
Yes I Yes* I Yes
No
Mai* Npn
Take From The Table Yes No No Ma' No
` Consult Robert' Rules of Order Newly Revised for special rules.
** With previous notice. Without previous notice - 213 vote.
21
RESOLUTION NO. 2001 -14
A RESOLUTION OF THE CITY OF WINTER SPRINGS, SEMINOLE
COUNTY, FLORIDA; ADOPTING THE PROVISIONS OF SECTION
286.0115, FLORIDA STATUTES, THEREBY REMOVING THE
PRESUMPTION OF PREJUDICE FROM EX -PARTE COMMUNICATIONS
WITH THE CITY COMMISSION MEMBERS AND OTHER CITY
BOARDS; ESTABLISHING A PROCESS TO DISCLOSE EX -PARTS
COMMUNICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, government in Florida and the City of Winter Springs is conducted in the
Sunshine pursuant to Chapter 286, Florida Statutes; and
WHEREAS, the public should be able to voice its opinion to the elected Commission
members; and
WHEREAS, elected Commission members are presumed to perform their duties in a
lawful and proper manner; and
WHEREAS, quasi-judicial decision making must be based on competent substantial
evidence of record; and
WHEREAS, the City Commission members of the City of Winter Springs, Florida and
other City Boards have been obstructed or impeded from the fair and effective discharge of their
duties and responsibilities due to the expansive interpretations of Jennings Y. Dade County, a
decision rendered by the Third District Court of Appeals for the State of Florida; and
WHEREAS, the State of Florida, pursuant to House Bill No. 5, has adopted and created
Section 286.0115, Florida Statutes, to provide access of the public to local public officials and
provides a procedure for requiring disclosure of ex -parte communications; and
WHEREAS, Section 286.0115, Florida Statutes, provides that a municipality may adopt
City of Winter Springs
Resolution No.2001-14
Page I of 2
by Resolution the authority and procedures set forth therein to remove the presumption of
prejudice from the ex -parte communications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AS FOLLOWS:
SECTION I . Ex -Parte Communications Permitted. Section 286.0115, Florida Statutes,
is hereby adopted in its entirety for the purposes of removing the presumption of prejudice from
ex -parte communications with City Commission members and other City Board members of the
City of Winter Springs, Florida, and for the purpose of adopting the procedures set forth in
Section 286.0115, Florida Statutes.
SECTION 2. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 3. Severability. Should any section or provision of this resolution, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the 29th day of may 2001.
r � �
A6,ST:
Paul Paka, May�Mayor
rty
- Andrea Lo o- Luaces, City Clerk
FADOMCity of Wiffter Springs\Reso1udons10P'r -0U'f JENNINGS.doc
City of Winter Springs
Resolution No.2001 -14
Page 2 of 2
SUI. _ ARY HEARING OUTLINE
ITEM 503
Proposed Town Parke Apartment Application
Proposal:
EXHIBIT
WA
The City Commission will consider three requests related to a proposed 108
unit senior (55 years of age +) complex with amenities on 6.95 acres within the Town
Center: (1) several special exception requests for deviations from the Town Center
Code; (2) Final Engineering Plans for the proposed project; and (3) a binding
development agreement that memorializes the terms and conditions of the proposed
project if approved.
Quasi - Judicial:
The special exception and final engineering requests are quasi-judicial in
nature. Therefore, general quasi-judicial principles and requirements will be followed
when this Item is presented. During Agenda Item 503, the City Commission will
receive testimony and written evidence from the r,pplicant, City Staff and consultants,
and Interested Parties regarding whether the requests comply with applicable
provisions of the City's Comprehensive Plan, City Code, and law.
Substantial, Competent Evidence:
The City Commission's final decision to approve or deny the Applicant's
request will be based on the "substantial, competent evidence" presented during the
hearing. The Florida Supreme Court has defined "substantial, competent evidence" to
mean such evidence as will establish a substantial basis of fact from which the fact at
issue can be reasonably inferred. It is such relevant evidence as a reasonable mind
would accept as adequate to support a conclusion.
The City Commission's decision can not be based on a "public opinion poll"
unsubstantiated by any competent facts of who is in favor or against the proposed
project.
During the hearing, cross- examination and other forms of probative questioning
of witnesses may occur so the City Commission is infortned of all of the facts and
expert opinions on which it will base its decision.
I
Procedure: Fair and 4 . rIy_ Hearing Procedure.
In order to provide a fair opportunity to be heard during the hearing, the
Applicant and Interested Parties (if any) will be afforded a reasonable period of time
in which to present their respective cases. A public hearing for the general public will
be held as well. The order of presentation will be as follows:
L Procedural Introduction by the Mayor and City Attorney
H. City Commission Disclosures under Resolution 2001 -14 and Section
286.0115, Florida Statutes
III. Brief Introduction of Item 503 by City Staff (Witnesses will be Sworn)
IV. Applicant's Presentation (Witnesses will be Sworn)
V. Any Interested Party desiring to present factual and/or expert testimony and
evidence in favor of Applicant's application (Witnesses will be Sworn)
VI. Any Interested Party desiring to present factual and/or expert testimony and
evidence obje ^tih to �.ppli1an #'s application. (Witnesses will be Sworn)
VII. Any Interested Party desiring to present factual and/or expert testimony and
evidence which is neutral to Applicant's application. (Witnesses will be
Sworn)
VIII. Public Hearing ' (3 minutes per speaker) — Any interested person NOT
presenting factual and/or expert testimony (e.g., Person only wants to
express for or against project)
IX. Optional Additional Comments by City Staff
X. Rebuttal by Applicant
Xl. Deliberation and questions by the City Cormndssion
XII. Final Determination by the City Commission
N
City of Winter Sprints, Florida Code Enforcement Board_
Polies & Procedures Manual
I. NAME
The name of this Board shall be the "Code Enforcement Board of the City of Winter
Springs, Florida."
II. INTENT
It is the intent of this Board to promote, protect, and improve the health, safety, and
welfare of the citizens of the City of Winter Springs, Florida as an administrative Board
with authority to impose administrative fines and other noncriminal penalties to provide
an equitable, expeditious, effective, and inexpensive method of enforcing any City Codes
and Ordinances in force, where a pending or repeated Violation continues to exist per
Section 162.02 FSS. (Florida Statutes)
III. JURISDICTION
The Board has non - exclusive jurisdiction over the Enforcement of City Codes of the City
of Winter Springs, Florida as provided in the City Code and Chapter 162, Florida
Statutes. When these Rules as outlined in the City of Winter Springs, Florida Code
Enforcement Board Policy & Procedures Manual, herein known as WSCEB Policy,
conflict with any provision of the City Code, Florida Statutes or other law, the City
Code, Florida Statutes or other law shall prevail.
IV. OFFICERS AND THEIR DUTIES
A. The Officers shall be a Chairman and Vice Chairman. The City of Winter Springs
shall provide a Clerk to assist the Board per Section 162.07(1) FSS. (Florida Statutes)
B. The Chairman shall preside at all Meetings and Hearings of the Board and shall have
the duties normally conferred by parliamentary usage of the Officers.
C. The Chairman shall sign all official correspondence from the Board.
D. The Chairman shall be one of the Members of the Board. To be eligible for the
position of Chairman, the Member must have a minimum of one (1) year service on the
Board and shall not be an Alternate Board Member. The Chairman shall have the
privilege of discussing all matters before the Board and shall have the same Voting rights
as all Board Members.
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CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 2 OF 10
E. The Chairman has the authority to Approve the absence of any Board Member per
Section 162.05(3)(e) FSS. (Florida Statutes)
F. When the Chairman is declared absent, the Vice Chairman shall assume the title,
duties and rights as Chairman for the Meeting or Hearing. Upon adjournment of said
Meeting, title, duties and rights as Chairman return to the original Officer.
G. In the absence of a Chairman and Vice Chairman at a Meeting or Hearing, the Board
Member that is the longest sitting Member in totality shall assume the title, duties and
rights as Chairman for the Meeting or Hearing. Upon adjournment of said Meeting, title,
duties and rights as Chairman return to the original Officer.
V. ELECTION OF OFFICERS
A. Nomination of Officers shall be made from the Board Members at the Annual
Organizational Meeting held in January, and the Election shall be held immediately
thereafter. The Election of Officers will always take precedence over an Agenda Item and
as such shall be first to be conducted during the evening. Following its conclusion, the
newly elected Officers will take their roles to complete the rest of the Meeting. If the
Election does not occur at the January Meeting, it shall be held as soon thereafter as is
reasonably possible.
B. A candidate receiving a majority of the Votes cast shall be declared elected and shall
serve a term of one (1) year or until a successor shall take Office.
C. Vacancies in the Office of the Chairman shall be filled by the Vice Chairman until the
following Election year. At that time, a new Vice Chairman shall be elected. Vacancies in
the Office of the Vice Chairman shall be filled as soon as possible for the remainder of
the term by following the Election procedure described above.
VI. MEETINGS
A. Reizular Meetings:
Regular Meetings shall be held on the third Tuesday of each month at 7:00 p.m. in
the Commission Chambers of City Hall, 1126 East State Road 434, Winter
Springs, Florida, or any other City facility as deemed necessary.
B. Special Meetings:
Special Meetings may be called by either the Code Inspector, the Chairman or by
written notification whereof at least three (3) Members of the Board to the
Chairman per Section 162.07(1) FSS. (Florida Statutes)
Revised 11/18/2008
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CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 3 OF 10
C. Notice:
1. Notice of all Meetings, both Regular and Special, shall be given to each Board
Member at least twenty -four (24) hours in advance of the Meeting.
2. Notice of all Meetings shall be provided to the Clerk of the Board for inclusion
on the City's schedule of Meetings and Events.
D. Attendance:
1. Board Members shall notify the Clerk of the Board if they cannot attend a
Meeting.
2. The Clerk of the Board shall then contact the Chairman to determine if the
absence is considered excused/unexcused per Section 162.05(3)(e) FSS.
(Florida Statutes)
3. The absence, whether excused or unexcused shall then be noted in the
Meeting Minutes for the Record. The Chairman shall also note for the Record
the absence and whether it is excused/unexcused during the Meeting or Hearing.
4. If any Member of the Board fails to attend two (2) of three (3) consecutive
Meetings without cause and prior approval of the Chairman, the Board shall
declare the Board Member's office vacant and the City Commission shall
promptly fill such Vacancy per Section 162.05(3)(e) FSS. (Florida Statutes)
5. Members of the Code Board also may be Removed for cause as provided
under City Code.
E. Quorum:
A quorum of the Board shall consist of four (4) or more Members and an affirmative
Vote of a majority of those present and Voting shall be necessary to pass any Motion or
adopt any Order; provided, however, that at least four (4) members of the Board must
Vote in order for the action to be official per Section 162.05(4) and Section 162.07(4)
FSS. (Florida Statutes)
F. Voting:
For all Motions, Voting shall be by voice and shall be recorded by individual `aye' or
`nay'.
Revised 1111 812008
C11 _' IF WINTER SPRINGS, FLORIDA
CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 4 OF 10
G. Participation by Alternate Board Members:
1. There are two (2) alternate Members of the Board. When present they may act
as fully participating, Voting Members of the Board when:
a) a Regular Board Member is absent for a Regular or Special Meeting, or
portion thereof or;
b) a Member abstains from Voting due to a conflict.
2. In the event an Alternate is participating for a Regular Board Member, the
Chairman shall make the appropriate announcements for the Record identifying
which Board Member is no longer participating and which Alternate Board
Member is now participating as a Voting Member.
3. Alternate Board Members may participate in questioning Respondents and
Witnesses and discussing the merits of a Case. Alternate Board Members may not
make Motions or Vote unless they are participating in place of a Regular Board
Member.
4. Alternates shall be designated as "First Alternate" and "Second Alternate"
where the Alternate Board Member designated as "First Alternate" will fill the
first vacancy and the Alternate Board Member designated as "Second Alternate"
shall fill the subsequent vacancy.
H. Abstention and Conflict of Interest:
1. No appointed Board Member shall participate in any matter which would inure
to the Board Member's special private gain or loss; which the Board Member
knows would inure to the special private gain or loss of any principal by which he
or she is retained; or which he or she knows would inure to special private gain or
loss of a relative or business associate of the Board Member, without first
disclosing the nature of his or her interest in the matter.
a) Such disclosure, indicating the nature of the conflict, shall be made in
a written memorandum filed with the person responsible for recording
the Minutes of the Meeting, prior to the Meeting in which
consideration of the matter will take place, and shall be incorporated
into the Minutes. Any such memorandum shall become a public record
upon filing, shall immediately be provided to other Members of the
agency, and shall be read publicly at the next Meeting held subsequent
to the filing of this written memorandum.
Revised 11/18/2008
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CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 5 OF 10
b) In the event that disclosure has not been made prior to the Meeting, the
disclosure shall be made orally at the Meeting when it becomes known
that a conflict exists. A written memorandum disclosing the nature of
the conflict shall then be filed within fifteen (15) days after the oral
disclosure with the person responsible for recording the Minutes of the
Meeting at which the oral disclosure was made. Any such
memorandum shall become a public record upon filing, shall
immediately be provided to the other Members of the agency, and
shall be read publicly at the next Meeting held subsequent to the filing
of this written memorandum.
c) For purposes of this subsection, the term "participate" means any
attempt to influence the decision by oral or written communication,
whether made by the Board Member or at the Board Member's
direction.
I. Procedure:
1. Parliamentary procedure in Board Meetings shall be governed by the Rules of
Procedure contained herein and by Robert's Rules of Order, Newly Revised,
except that Robert's Rules of Order shall be advisory and not mandatory. In the
event of conflict between Robert's Rules of Order and the Rules of Procedure
contained here, these Rules of Procedure shall govern.
2. All Board Members shall be recognized individually by the Chairman through
the use of the Board Members' dais light prior to addressing the Board, Code
Inspector, Respondent, or Witness. This is to ensure that all questions and
discussion are clearly on the recording tape for the Record.
3. All Board Members, Code Inspectors, Respondents and Witnesses are required
to use an active microphone when speaking as all testimony must be accurately
recorded on tape.
4. Private conversations between Board Members will be prohibited while
Meetings or Hearings are in session. Any such conversations may Violate the
Florida Sunshine Law per Section 286.011 FSS. (Florida Statutes)
5. Each Regular Board Member shall have a microphone and dais light assigned
to them by the Clerk of the Board. Alternate Board Members shall be assigned
seating and resources closest to the Clerk of the Board's seat with the "Second
Alternate" being closest to the Clerk of the Board.
6. During a Hearing, the Respondent and their Witnesses shall be seated in the
front row of the West Side seating area. The West Side seating area is located
closest to the Clerk of the Board.
Revised 11/18/2008
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CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 6 OF 10
7. The Code Enforcement Bureau and their Witnesses shall be seated in the front
row of the East Side seating area.
S. The Code Enforcement Board shall use a standardized Finding of Fact and
Relief Order Script to render its Verdicts. The Verdicts shall be read into the
Record by the Clerk of the Board in their entirety upon the Motion of a Board
Member. If the standardized Finding of Fact or Relief Order Scripts are not
applicable or need to be Amended, the Board Member who is making the Motion
may do the full reading.
VII. ORDER OF BUSINESS
A. 1. Call To Order
2. Roll Call
3. Invocation
4. Pledge Of Allegiance
5. Agenda Changes
6. Swearing In Of Code Officers
7. Informational Agenda Items
8. Approval Of Previous Meeting Minutes
9. Awards and Presentations
10. Reports
11. Public Input (Non -Case Specific)
12. Public Hearings Agenda — Continued Cases
13. Public Hearings Agenda — Repeat Cases
14. Public Hearings Agenda — New Cases
15. Public Hearings Agenda — Non- Compliance Cases
16. Regular Agenda Items
17. Adjournment
B. The Order of Business may be suspended by a Majority Vote of the Code Enforcement
Board.
VIII. ANNUAL ORGANIZATIONAL MEETING
A. The Annual Organizational Meeting shall be held in January of each year during the
regularly scheduled Board Meeting. This Meeting shall be held regardless of the quantity
of Cases which comes before the Board.
B. The first Agenda Item during the Organizational Meeting shall be the Election of
Officers as defined in Section V of the WSCEB Policy.
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CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 7 OF 10
C. The Second Agenda Item during the Organizational Meeting shall be to obtain a
Motion to Approve an acceptable `Qualification of Posting' for the current year as
described in Section 162.12 FSS. (Florida Statutes)
D. The Third Agenda Item during the Organizational Meeting shall be to obtain a Motion
to Approve the Qualifications of the Winter Springs Code Enforcement Officers. The
process will be as follows:
1. The Chairman will ask each Code Officer who will present in front of the
Board for the current year to state their name, title and current Qualifications for
the Record.
2. Upon completion, the Chairman will ask for a Motion to Approve the
Qualification as presented.
E. The Fourth Agenda Item during the Organizational Meeting shall be a Motion to Re-
Adopt the WSCEB Policy for the current year with any Amendments, as applicable.
F. The Fifth Agenda item during the Organization Meeting shall be a Motion to Re-
Adopt the Finding of Fact and Relief Order Scripts for the current year and any
Amendments, as applicable.
G. The Agenda should continue as any other Regular Board Meeting once these Items
have been completed.
1. The Chairman shall open the Hearing and request the Clerk of the Board to
read the Case Information.
2, The Chairman shall ask if the Respondent is present at the Hearing.
3. Swearing in of any Respondents /Witnesses.
4. The Chairman shall ask if the Respondent wishes to contest the charge(s).
a) If charges are not contested, then the Board, at its discretion, may
make a Motion for Finding of Fact and Order of Relief.
b) The absence of a Respondent at a Hearing does not provide the
Respondent the opportunity to answer this question on the Record.
Therefore, the Code Officer must present their case before the Board.
5. The Chairman will ask the Code Officer, "Who is representing the City in this
Case ?"
Revised 11/18/2008
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PAGE 8 OF 10
6. The Chairman will ask the Respondent, "Who is representing you in this
Case ?"
7. The Code Officer will be asked to present his/her Opening Statement. This will
include any Witnesses, Evidence and Affidavits. Respondent then has the
opportunity to cross - examine.
8. The Code Board will be provided an opportunity to ask questions to the Code
Officers and his/her Witnesses.
9. The Respondents will be asked to present his/her Opening Statement. This will
include any Witnesses, Evidence and Affidavits. The Code Inspector has the
opportunity to cross - examine.
10. The Code Board will be provided an opportunity to ask questions to the
Respondents and his /her Witnesses.
11. The Code Officer will be asked to present his/her Closing Statement. This
will include any rebuttals to testimony, or Evidence presented to the Board.
12. The Respondent will be asked to present his /her Closing Statement. This will
include any rebuttals to testimony, or Evidence presented to the Board.
13. The Code Board will be provided an opportunity to ask questions to either the
Code Officer or the Respondent.
14. The Chairman shall close the Q &A session between the Board and the parties
and the Board shall go into deliberation.
A. Deliberations:
1. The Board may only consider Evidence and testimony which was presented at
the Hearing.
2. Upon completion of deliberation, the Board shall issue a Motion for Finding of
Fact and Relief Order, if applicable.
3. For Finding of Fact, a Board Member will state the page number and that the
Respondent has or has not Violated the Section Number of City Code and request
that the Clerk of the Board give a full reading of the Motion. After the full
reading, the Motion will then be seconded and then discussion will take place.
After the discussion period has closed, the Vote will then be taken.
Revised 11/18/2008
CIT :. _.:; WINTER SPRINGS, FLORIDA
CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD POLICY & PROCEDURE MANUAL
PAGE 9 OF 10
4. For Relief Orders, a Board Member will state the Relief Order letter, what the
Fine will be; what the Fine for a Repeat Violation will be; and whether or not the
Respondent is present at this Hearing. The Board Member will then request that
the Clerk of the Board give a full reading of the Motion. After the full reading, the
Motion will then be seconded and then discussion will take place. After the
discussion period has closed, the Vote will then be taken.
5. If the standardized Finding of Fact or Relief Order Scripts are not applicable or
need to be Amended, the Board Member who is making the Motion may do the
full reading.
6. Upon completion of deliberation, the Chairman will request the Clerk of the
Board to call the next Case.
B. Hearing Procedures:
1. Objections.
a) During testimony, a presiding Code Officer, Respondent or their
representative, may "Object" to any statement or Evidence. At the moment
of the Objection, the Hearing and any testimony must stop and the
Chairman shall ask what the Objection is. Once the Objection has been
heard, the Chairman shall state whether the Objection is "sustained" or
"overruled" before the Hearing can continue.
C. Introduction of Evidence:
1. Items entered into Evidence will be designated with a evidentiary label with
designation prefix of `WS' for Evidence submitted by the City and a designation
prefix of `R' for Evidence submitted by the Respondent. Each item submitted into
Evidence shall be identified with a unique sequential number for that Case.
2. The Chairman shall designate each item into Evidence using the evidentiary
label described above. The Chairman shall identify the Evidence and its
evidentiary label for the Record.
3. It is the responsibility of the presiding Code Officer, Respondent or their
representative to submit items into Evidence.
Revised 11/18/2008
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PAGE 10 OF 10
OWN - IRM - SX - JENZWOR
1. If a Board Member has a change of contact information, the Board Member has
thirty (30) days to contact the Clerk of the Board to update the information. This
is to guarantee that all contact information on file is current and correct.
Revised 11/18/2008
Date: January 24, 2011
The attached document was provided to the City
by Attorney Anthony A. Garganese during the
discussion of Regular Agenda Item "601" at the
January 24, 2011 City Commission Regular
Meeting.
_
I.OUORUM
A. A majority of inembers shall constitute a quorum for any meeting of a public boazd.
B. If a quorum is not present at the appointed hour of the meeting, the members present may:
1. Reschedule the meeting; or
2. Recess to determine if a quorum will be present within a short period of time; or
3. Adjourn the meeting.
C. If in the process of a meeting, it is determined that a quorum is not present, all business shall
automatically stop. The board may:
1. Reschedule the meeting; or
2. Recess to determine if a quorum will be present within a short period of time; or
3. Adjourn the meeting.
D. The names of those members present and their decision shall be recorded in the minutes,
stating a quorum was not present and the time set for another meeting.
II. PRESIDING OFFICER
A. The presiding officer of each board shall be the chairperson, who shall he elected in
accordance with the City Code.
B. In addition to the duties prescribed in the city code, the chairperson shall preserve strict order
and decorum at all meetings of the board. The chairperson shall state every question coming
before the board on all subjects and decide all questions of order; subject, however, to an
appeal to the entire board, in which event a majority vote of the board shall govern and
conclusively determine said question of order. The chairperson shall be the official signatory
City of Winter Springs
Uniform Rules of Procedure for Appointed Boards and Committees
Page 1 of 11
for any requisite documents related to actions of the boazd.
C. In the event the chairperson is absent, all duties of the presiding officer shall be vested in the
vice-chairperson, who shall be elected in accordance with the City Code.
D. In the event the chairperson and vice-chairperson are absent, all the duties of the position of
presiding officer shall be vested in the senior member of the boazd. The senior member will
be the board member with the longest continued service to that board. In the event of equal
continued service, the presiding officer shall be determined by majority vote of the boazd.
III. CALL TO ORDER
A. The chairperson of the board, or in the chairperson's absence, the vice-chairperson, shall take
the chair at the hour appointed for the meeting, or within a reasonable time after the hour,
and shall immediately thereafter call the board to order. In the absence of the chairperson
and vice-chairperson, the senior member of the board shall ca11 the board to order.
B. If, in the absence of the chairperson, the meeting is called to order by the vice-chairperson
or the senior board member, such interim presiding officer shall immediately relinquish the
chair upon the conclusion of the business immediately before the boazd upon the
chairperson's arrival. Similarly, if, in the absence of the chairperson and the vice-
chairperson, the meeting is called to order by the senior boazd member, such senior board
member shall immediately relinquish the chair upon the conclusion of the business
immediately before the boazd upon the arrival of the chairperson or vice-chairperson.
C. Except in the case of an emergency, board members shall inform the city clerk or city
manager of a pending absence from a board.
City of Winter Springs
Uniform Rules of Procedure for Appointed Boards and Committees
Page 2 of 11
IV. VOTING
A. All votes shall be taken by requesting those in favor to say "aye" and those opposed to say
"no."
B. A tie vote shall cause the motion to be defeated.
C. The presiding officer shall announce the results of each matter that is decided by the board.
Once the presiding officer has announced the decision of the board, no member shall be
permitted to change his or her vote as recorded unless the board determines the matter should
be reconsidered in accordance with Article VII(H).
V. VOTING CONFLICTS
A. Boazd members shall vote on each measure before the boazd unless a voting conflict exists.
B. No boazd member shall participate in any matter in which that boazd member has a voting
conflict. For purposes of this Article, the term "participate" means any attempt to influence
the decision by oral or written communication, whether made by the board member or at the
board member's direction.
C. Voting conflicts are strictly governed by Florida law. See § 112.3143, Fla. Stat.
D. A board member may not abstain from voting based on a voting conflict unless one or more
of the following are true:
1. The measure before the board would affect the board member's special private gain
or loss; or
2. The board members knows that the measure before the board would affect the special
private gain or loss of a principle, parent organization, or subsidiary by which the
Ciry of Winter Springs
Uniform Rules of Procedure for Appointed Boards and Committees
Page 3 of 11
board member is retained; or
3. The boazd members knows that the measure before the boazd would affect the special
private gain or loss of a relative or business associate of the boazd member.
E. A"special private gain or loss" shall not be remote and speculative, but shall involve clearly
defined, tangible economic interests. A special private gain or loss is almost always, if not
always, a financial interest of the board member that is directly enhanced by the vote in
question. George v. Ciry of Cocoa, 78 F.3d 494 (l lth Cir. 1996).
F. A"relative" includes any father, mother, son, daughter, husband, wife, brother, sister, father-
in-law, mother-in-law, son-in-law, or daughter-in-law.
G. Should a voting conflict exist, the boazd member shall, prior to the meeting, file a written
memorandum (Florida Commission on Ethics Form 8B) with the city clerk or recording
secretary disclosing the nature of the conflict. The forms may be obtained from the City
Clerk's office. The memorandum shall become a public record and shall be incorporated in
the minutes. The memorandum shall be provided to the other board members and shall be
read publicly at the next meeting held subsequent to the filing of the memorandum.
In the event disclosure is not made prior to the meeting or that any conflict is
unknown prior to the meeting, the disclosure shall be made orally at the meeting when it
becomes known that a conflict exists. A written memorandum, as mentioned above, shall
be filed within 15 days after the oral disclosure. Further, the memorandum shall be provided
to the other boazd members and shall be read publicly at the next meeting held subsequent
to the filing of the memorandum.
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VI. RULES OF DEBATE
A. The presiding officer shall have the right to vote, speak, make motions, and second motions
without relinquishing the chair.
B. In the event two (2) or more persons wish to be recognized, the order of recognition shall be:
l. Board members
2. City staff (including city attorney)
3. All other persons.
C. A member, once recognized, shall not be interrupted when speaking unless it is to call such
member to order. If a member, while speaking, is called to order, such member shall cease
speaking until the question or order is determined, and if in order, such member shall be
permitted to proceed.
D. All discussions shall be made through the chair.
E. In discussion, the remarks made by the board members shall be confined to the motion or
matter immediately before the boazd. In discussion, a member may condemn the nature or
likely consequences of a proposed measure in strong terms, but shall avoid attacking the
motives of another member. Personal attacks are strictly prohibited.
VII. MOTIONS
A. MAIN MOTION. A main motion shall be a motion whose introduction brings business
before the boazd. A second is required. A second made by any member shall imply that the
member wishes the matter to be discussed, but it does not necessarily mean that the member
is for or against the motion. A main motion requires approval by a majority vote, unless
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otherwise provided by higher law or unless otherwise provided herein.
B. MOTION TO AMEND. A member may seek to have the main motion amended in one
(1) of the following two (2) ways:
l. BY CONSENT OF THE MEMBERS. If the presiding officer requests to
amend the main motion and receives no objections to the proposed amendment, the
main motion will stand as amended. No new second is required. If there is an
objection from any board member, a second to the amendment shall be required and
a vote taken. There may be discussion to the amendment at that time and a majority
vote shall be required to pass the amendment.
2. BY FORMAL MOTION TO AMEND. If a board member makes a formal
motion to amend the main motion, a second shall be required and discussion shall
follow on the amendment. If an amendment passes, the main motion shall be the
motion as amended. If the motion to amend fails, the motion shall be the motion as
it was before the amendment was presented. All amendments shall be germane to
the main motion. No more than two (2) amendments shall be pending on any main
motion.
C. MOTION TO REFER. If the board feels that adequate information has not been
provided regarding certain business being considered by the board, a board member may
move to refer the subj ect matter to a certain person or persons, committee, or boazd for more
information. A time certain may be included in the motion or it may be open-ended. A
motion to refer is only debatable as to whether or not such motion should be referred. A
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motion to refer requires a second and approval by a maj ority vote. If the motion to refer fails,
the motion shall be the motion on the floor prior to the motion to refer.
D. MOTION TO POSTPONE TO A TIME CERTAIN A motion to postpone to a time
certain may be used if the board feels that the motion before it should be considered at a later
time or date. Such motion shall not be used to postpone the board's consideration of a matter
indefinitely. A motion to postpone is only debatable as to whether or not such motion should
be postponed, and if so, the length of such postponement. A motion to postpone requires a
second and approval by majority vote. If the motion to postpone fails, the motion shall be
the motion on the floor prior to the motion to postpone.
E. MOTION TO TABLE. A motion to table should be used if the board desires to set
aside the pending question (motion or matter before the board) in order to address other
immediate business before the board. The motion is out of order if the intent is to kill or
avoid dealing with a question. It should be rarely used except in instances where the board
must dispose of more urgent matters. The board member making the motion should express
the reason for tabling the question. A motion to table shall require a second and approval by
majority vote. Such motion is not amendable or debatable except as to whether or not such
motion should be tabled. Once tabled, a motion to remove from the table is required to
consider the tabled question. A motion to remove requires a second and a majority vote.
When removed from the table, the question is considered by the board exactly as when it was
laid on the table. If a tabled question is not taken from the table by the end of the next
meeting, the question dies.
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,
F. MOTION TO LIMIT DISCUSSION. If a board member feels that a set period of time
for discussion of a motion should be limited, the member may move to "limit discussion."
Such motion is not debatable, but does require a second. A super-maj ority vote of two-thirds
(2/3) of the board shall be required to pass a motion to limit discussion.
G. CALL THE UESTION. A board member may "call the question" when such member
believes that further discussion is unnecessary. No discussion may be allowed. If there is
an objection to calling the question, a super-majority vote of two-thirds (2/3) of the boazd
shall be required to call the question.
H. MOTION TO RECONSIDER. If, in the same meeting, new information or changed
circumstances make it appear that a different result might reflect the will of the board, a
member may move to reconsider the vote. A motion to reconsider may be applied to a vote
that was either affirmative or negative and shall propose no specific change in a decision, but
simply propose that the motion be reopened for discussion and re-vote. A motion to
reconsider may only be made by a member on the prevailing side of the original motion.
Discussion on a motion to reconsider shall be limited to whether or not the board's prior
action should be reconsidered. A motion to reconsider requires a second and approval by
majority vote.
I. MOTION TO RESCIND/AMEND PREVIOUSLY ADOPTED ACTION. ff a boa�d
member wishes to rescind and/or amend an action taken at a previous meeting, a motion to
rescind/motion to amend previously adopted action may be used. Discussion of such motion
shall be limited to whether or not the board should rescind or amend its prior action. A
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motion to rescindlmotion to amend previously adopted action shall require a second and
approval by a majority vote. Such motion shall be out of order if action has been taken as
a result of the prior board vote or due process requires additional notice and an opportunity
to be heard by the applicant or the public.
VIII. INCIDENTAL MOTIONS
A. POINT OF ORDER A board member may call for a point of order if such member
believes that the presiding officer has failed to notice a breach in the rules. The presiding
officer shall make a ruling on the point of order raised. If a board member believes that the
presiding officer has improperly ruled on that point of order, the member may appeal the
presiding officer's decision to the entire board. Such appeal requires a second and is
debatable after the presiding officer has been given the opportunity to explain the ruling. A
tie vote shall sustain the decision of the presiding officer.
B. MOTION TO DIVIDE. If a motion presented contains two (2) or more parts capable
of standing as separate questions, a board member may move to "divide the motion."
Discussion on a motion to divide should be limited as to why the prior motion should be
divided. A motion to divide requires a second and approval by majority vote. If approved,
the original motion stands divided and a sepazate vote is required to approve each part of the
divided original motion.
C. MOTION TO WITHDRAW. Once a motion has been moved and seconded, it
belongs to the entire board and not to the maker of the motion. Therefore, a board member
may only have his or her motion withdrawn as set forth herein. The board member may
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advise the presiding officer that such member wishes to have the motion withdrawn. The
presiding officer shall ask the boazd if there are any objections to the motion being
withdrawn. If there are no objections, the motion shall be withdrawn. (A seconder does not
need to withdraw the second to the motion.) If there is an objection to the withdrawal of the
motion, then an official vote shall be taken or a member may move to withdraw the motion.
Brief discussion on the desire to withdraw the motion shall be permitted. If the motion to
withdraw is approved by majority vote, the prior motion shall be withdrawn. If the motion
to withdraw fails, the prior motion shall remain on the floor. Once a motion is withdrawn,
either by general consent or by vote, such motion shall be struck from the record and shall
not be recorded in the official minutes.
D. MOTION TO ADJOURN. A motion to adjourn is not debatable except to the extent that
such motion shall contain a time to hear any non-completed items on the agenda. A motion
to adjourn requires a second and approval by majority vote.
E. MOTION OF PRIVILEGE. If any matters occur such as to impede a boazd member
not to be able to attend to the business before the board, i.e., excessive noise, non-functioning
microphones, uncomfortable room temperature, etc., such board member may state to the
presiding officer that he or she has a question of privilege. Such question of privilege shall
be addressed before the pending business of the board continues. No vote is required unless
a motion arises out of the question of privilege.
F. RECESS. A recess may be taken as it appears on the agenda, at the request of the
presiding officer if there are no objections, or by majority vote of the board. A motion for
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recess requires a second, and is debatable.
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