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HomeMy WebLinkAbout2015 11 16 Regular 603 Resolution 2015-29 Amending City Commission Rules and Procedures COMMISSION AGENDA Informational Consent ITEM 603 public Hearings g Regular X November 16, 2015 KS Special Meeting City Manager Department REQUEST: At the request of the City Commission, the City Attorney is proposing Resolution No. 2015- 29 amending the City Commission Rules of Procedure related to establishing general requirements regarding the Reports portion of the City Commission meeting. SYNOPSIS: The City Commission last updated the Rules and Procedures for City Commission meetings ("Rules") on March 23, 2015 in accordance with Resolution No. 2015-10. At the October 26, 2015 City Commission meeting, the Mayor and the City Commission discussed establishing guidelines related to the Report portion of each City Commission meeting. Specifically, the City Commission requested that the City Attorney prepare a Resolution: (i) establishing a five minute time limit for reports given by the Mayor and each City Commissioner; (ii) placing reports generally towards the end of the Commission meeting before final public input; and (iii) addressing some rule on how to handle "major initiatives." CONSIDERATIONS: 1. The City Commission has previously adopted Resolution 2015-10 setting forth Rules for the conduct of City Commission meetings in order to provide for efficient, effective, and decorous meetings. 2. At the October 26, 2015 City Commission meeting, the City Commission discussed and generally directed without objection that the City Attorney prepare a Resolution for the City Commission's consideration: (i) establishing a five minute time limit for reports given by the Mayor and each City Commissioner; (ii) placing reports generally towards the end of the Commission meeting before final public input; and (iii) establishing some parameter Regular 603 PAGE 1 OF 5- November 16,2015 related to handling "major initiatives." 3. The following is a relevant excerpt from the City Clerk's minutes for the October 26, 2015 meeting: Continuing his Report, Mayor Lacey referenced the previous City Commission Meeting, thanked Deputy Mayor Krebs for her presiding and said that she did a great job. Mayor Lacey then mentioned that when he listened to the audio, that "We have somehow grown into a pattern over recent times of using these `Reports'periods for proposing major initiatives." Mayor Lacey noted that Reports at the last City Commission meeting took more than an hour and suggested that "`Reports' are meant to be fairly brief items that are brought forward for everyone's consideration that we can't discuss privately or that we may want to being forward for the public's informational purpose. But when we bring forward major initiatives that take an hour to discuss I think we are distorting the process. " Mayor Lacey added that such could "lead to bad decision making because it's not something that has been vetted properly. I think the proper way to act is to not rely on staff for recommendations in all instances or rely on staff for initiatives to be brought forward. That is a prerogative of the Commission. And I don't want to discourage that but when some new idea is brought forward, it should be brought forward first for the for the Commission to get a general review of it and make a decision on whether they want to see some more thorough discussion of it and then, we would request the staff to bring it back as an Agenda Item in the future, where staff would be able to give us the benefit of their wisdom on it and we would have some time to consider it ourselves before we have to vote on it." Deputy Mayor Krebs agreed with Mayor Lacey's comments and thought also that the rules need to be changed or a Policy is created. Deputy Mayor Krebs recognized former Commissioner David McLeod and former Seminole County Commissioner Randy Morris who both were in attendance. Deputy Mayor Krebs suggested that perhaps the Commission is also held to a time limit as others are. Mayor Lacey thought that that was a good suggestion. Deputy Mayor Krebs said, `I think we should have time limits on ourselves too." Deputy Mayor Krebs added, "Maybe it is not the three minutes, maybe it is ten or whatever, but I think that that is plenty of time to get out what we need. " Commissioner Resnick mentioned that "My thought is that we go to five minutes and in those five minute time frames we ask for an Agenda Item to be created which can be brought forward. We can state our concern and leave it on the Regular 603 PAGE 2 OF 5- November 16,2015 table for the Commission to decide. " Mayor Lacey referenced the City of Oviedo and thought that their procedural rules say "that nothing can be brought forward for action under a Seat. It has to be suggested and then brought forward as an Agenda Item." Commissioner Hovey inquired of Attorney Garganese how other cities handle this matter. Attorney Garganese noted some suggestions and also noted that some cities'Reports come at the end of Meetings. Commissioner Hovey thought that was something that could be considered. Deputy Mayor Krebs mentioned `I don't agree necessarily agree with that because if we do have something under a Report, we do offer Public Input at the very end and it gives the opportunity to the public to either say something on what we did or what we had to say or bring up." Mayor Lacey asked Deputy Mayor Krebs, "Would you be agreeable to that idea if it were put as an ultimate item and then Public Input was the very last thing. " Deputy Mayor Krebs remarked, "Then I would agree with it. " Commissioner Carroll added, `I would agree with it but I would caution if we move it to the end, that we make sure we are willing to extend and give the public an opportunity." Mayor Lacey summarized "The first Public Input like we just had would remain at the beginning of the item, but the last Public Input would still be the last thing - and we would just be shifting from where they are now to just prior to the last Public Input. " Commissioner Carroll recommended, `If we move the Reports to just prior to the last Public Input, we should have some kind of proviso that we will indeed have a Public Input. " Time limit on City Commission meetings was mentioned and if no Vote to extend is made, then a meeting could in fact be adjourned. Mayor Lacey noted that regarding a Consensus, "We would like to see the Resolution that governs our meetings drafted by Anthony (Garganese) to include moving the Commission Reports to - before the last Public Input and that some language that meets Anthony's (Garganese) legal requirement of encouraging or limiting Commission statements to five minutes I think I heard a Consensus on five minutes. Any disagreement to that?" With additional comments, Mayor Lacey noted that the reference to five minutes is not specified as related to the Reports section. Attorney Garganese asked, `Do you want to clarify that that includes five minutes maximum Reports per Commissioner and per Mayor... " Mayor Lacey added, "...I would like to go further and suggest that for Regular 603 PAGE 3 OF 5- November 16,2015 something to come back, a Commissioner should look for approval from the Commission as a whole to bring it back as an Agenda Item. " Deputy Mayor Krebs mentioned she was in favor of the suggested five minutes time frame but in cases where "There could be something happening in the City that ends up being a discussion among all of us that would take more than five Minutes can we have Anthony (Garganese)put in, unless agreed to by the entire Commission. " Mayor Lacey added, "That is good policy in all instances and we can explicitly put it in this, and I think it would be good." Mayor Lacey added, `I think a plain majority. " No objections were noted. 4. The Attached Resolution proposes the following revisions to the Rules (underlined type indicates additions): • AMEND PARAGRAPH I. G. AS FOLLOWS: 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. (2) Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to speak under the report section of the agenda as permitted by Section K. • ADD A NEW PARAGRAPH I. K AS FOLLOWS: K Reports. At the conclusion of each City Commission meeting prior to any additional delegations portion of the City Commission meeting the agenda will set aside a time period for reports. During reports, the Mayor and each Commissioner shall be afforded an opportunity port on various committees and groups on which they represent the City, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the City Commission take final action on major initiatives and/or initiatives that would ordinarily require significant City staff research before final action is taken by the City Commission. The City Commission will not take final action on any such initiative presented under reports, but may, at its discretion and by majority vote, place such initiative on a subsequent City Commission agenda for consideration. In addition, the City Manager, City Attorney, and City Clerk shall also be afforded a brief opportunity port on information and various matters requiring the City Commission's attention and to also present pending miscellaneous matters requiring expedient direction from the City Commission prior to the next regularly scheduled City Commission meeting. Regular 603 PAGE 4 OF 5- November 16,2015 5. The City Commission has the discretion to adopt the proposed Resolution as presented or modified, or to provide any additional direction regarding the City Commission Rules. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney recommends that the City Commission consider adopting Resolution No. 2015-29 amending the City Commission Rules of Procedure related to establishing general requirements regarding the Reports portion of the City Commission meeting. ATTACHMENTS: 1. Resolution 2015-29 Regular 603 PAGE 5 OF 5- November 16,2015 RESOLUTION NO. 2015-29 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 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 2015-10 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 modify and update its rules and procedure;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. 1 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 WHEREAS, the City Commission also desires to afford the public an opportunity to be heard on matters coming before the City Commission for final action in accordance with the provisions of Florida law; and City of Winter Springs Resolution No.2015-29 Page 1 of 9 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 (1 lth 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. Incorporation 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: RULES AND PROCEDURE FOR CITY COMMISSION MEETINGS I. GENERAL: A. Agenda Packets. Agenda Packets shall be made available to Commissioners no later than Wednesday (preferably by 5:00 p.m.1 prior to the Commission meeting; however, when absolutely necessary or in the event of an emergency, the City Manager may distribute the agenda after 5:00 p.m. and may distribute any add-on agenda item(s) after the Agenda has been distributed on Wednesday. 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 shall only be permitted by members of the Commission. Motions, once made, and seconded, belong to the Commission, not the individual making the original Motion. Motions which have City of Winter Springs Resolution No.2015-29 Page 2 of 9 been seconded maybe 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 II, Motions in the "Parliamentary Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates). G. Time Limits. M 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. (2) Unless otherwise approved by a majority vote of the City Commission, each Commissioner and the Mayor shall be given a maximum of five (5) minutes to speak under the report section of the agenda as permitted by Section K. H. Call the Question. Motions to "Call the Question" shall require a second and a minimum 2/3 vote of the Commission. I. Starting Time of Meetings. Regular City Commission meetings shall be scheduled to commence at 6:00 P.M. on the second and fourth Monday of every month unless otherwise approved by the City Commission. Special and emergency City Commission meetings shall be scheduled as needed at a date and time established by the Mayor, City Commission or City Manager and whenever practicable,upon no less than twelve(12)hours notice to the Mayor, City Manager, City Clerk, City Attorney and each member of the City Commission. J. Time of Adjournment. Unless sooner adjourned by majority vote of the City Commission, the Mayor shall adjourn the Commission meeting at 8:30 p.m. However,by majority vote of the City Commission, a Commission meeting maybe extended beyond 8:30 p.m., but no later than 10:00 p.m., in time increments or to handle any specific agenda item(s). A super-majority vote of the City Commission shall be required to similarly extend a Commission meeting beyond 10:00 p.m. K. Reports. At the conclusion of each City Commission meeting prior to any additional delegations portion of the City Commission meeting,the agenda will set City of Winter Springs Resolution No.2015-29 Page 3 of 9 aside a time period for reports. During reports, the Mayor and each Commissioner shall be afforded an opportunity to report on various committees and groups on which they represent the City, and to make brief comments in general. Each report is intended to be brief and not for purposes of proposing that the City Commission take final action on major initiatives and/or initiatives that would ordinarily require significant City staff research before final action is taken by the City Commission. The City Commission will not take final action on any such initiative presented under reports, but may, at its discretion and by majority vote, place such initiative on a subsequent City Commission agenda for consideration. In addition, the City Manager, City Attorney, and City Clerk shall also be afforded a brief opportunity to report on information and various matters requiring the City Commission's attention and to also present pending miscellaneous matters requiring expedient direction from the City Commission prior to the next regularly scheduled City Commission meeting. 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. 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. D. Mayor Enforce Time Limits. The Mayor shall strongly enforce the directives of the Commission relative to disruptive members of the audience and time limits on Public Input. City of Winter Springs Resolution No.2015-29 Page 4 of 9 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 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 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. Public comment will be included on every City Commission agenda. Specifically, at the beginning of each regular, special or workshop meeting at which the City Commission will take final official action on any proposition, the City Commission will set aside up to thirty minutes of each regular, special or workshop meeting for"delegations" (aka limited public forum) after call to order and any awards and presentations, immediately prior to taking any final official action on any proposition. In addition, at its discretion, the City Commission may set aside up to an additional thirty minutes of each regular, special or workshop meeting for an additional"delegations "portion of the meeting at the end of each City Commission meeting. Delegations shall be subject to other applicable provisions of this Resolution. The purpose of the first delegations portion of the meeting is for any person to be heard on any item on the agenda, except the following items: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health, welfare, or safety, if compliance with Section 286.0114,Florida Statutes, would cause an unreasonable delay in the ability of the Commission to act; City of Winter Springs Resolution No.2015-29 Page 5 of 9 b. Ministerial items,meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of parliamentary procedure that do not result in a final official action of an item before the Commission; c. Quasi-judicial items; and d. Public hearing items, where public comments are taken elsewhere on the agenda when the item is presented. The purpose is also to allow 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. The second discretionary "delegations"at the end of the meeting shall be for the limited purpose of allowing 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 delegations 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 lesser or greater time is provided by a majority vote of the City Commission. I. 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 City of Winter Springs Resolution No.2015-29 Page 6 of 9 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 allowing persons to speak on propositions on the agenda in accordance with limitations and requirements set forth in section 286.0114, Florida Statutes, as well as for purposes of legitimate inquiries and discussion by the public. Delegations is not for the purpose of advancing arguments or repetitious questions concerning matters which the City Commission believes to be closed which are not propositions requiring final official action of the Commission or not of general public concern. Further, it is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting. 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 in accordance with law. I. 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. 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 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 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 City of Winter Springs Resolution No.2015-29 Page 7 of 9 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. Public Comments on Propositions Not on the Agenda. If a proposition is considered by the City Commission at a meeting which is not listed on the agenda, and consideration shall constitute final official City Commission action, then the Mayor will offer the public an opportunity to speak to that item before the decision is made. However, if final official City Commission action on the proposition will occur at a subsequent City Commission meeting, the Mayor will offer the public an opportunity to speak to that item at the meeting at which the City Commission takes final official action on the proposition subject to the applicable provisions of this Resolution. Under this section,the term"proposition"does not include ministerial, emergency and quasi-judicial matters as those terms are generally defined in Section 2. II. H above. K. 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. L. Enforcement; Order of Removal. The Mayor or the presiding City Commissioner shall enforce the rules adopted under this Article II. Any person in Resolution No.2015-29 City of Winter Springs Page 8 of 9 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 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. Severability. 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 2013-29. Section 5. Effective Date. Upon its adoption by the City Commission of the City of Winter Springs, Florida, this Resolution shall become effective March 23 2015. 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 16' day of November, 2015. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney Resolution No.2015-29 City of Winter Springs Page 9 of 9