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
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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
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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
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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
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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
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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.
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Resolution No.2015-29
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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
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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
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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
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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
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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
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