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HomeMy WebLinkAbout2016 09 26 Public Hearing 404 Ordinance 2016-09, First Reading, Rules of Procedure COMMISSION AGENDA Informational Consent ITEM 404 public Hearings X Regular September 26, 2016 KS Regular Meeting City Manager Department REQUEST: At the request of the City Commission, the City Attorney and City Manager recommend that the City Commission consider, at its discretion, passing proposed Ordinance No. 2016- 09 on First Reading. SYNOPSIS: Section 4.13(b) of the City Charter expressly authorizes the City Commission to determine its own rules and order of business. Such rules must be consistent with other applicable laws. The City Commission's current rules and procedures are set forth in Resolution No. 2015-29. At the previous City Commission meeting, the City Commission directed that the City Attorney and City Manager prepare and present an ordinance proposing to codify the current rules and procedures, as well as specific rules of conduct discussed at the previous meeting. The City Commission also directed that the ordinance address appropriate quasi- judicial rules and procedures for consideration by the City Commission. Ordinance No. 2016-09 was prepared in furtherance of the City Commission's direction and is being presented for a public hearing on First Reading. CONSIDERATIONS: 1. Section 4.13(b) of the City Charter expressly authorizes the City Commission to determine its own rules and order of business. 2. In order to effectuate the direction of the City Commission, Ordinance No. 2016-09 proposes to adopt five (5) new City Code sections under Chapter 2, Article II. City Commission of the City Code: Public Hearings 404 PAGE 1 OF 3-September 26,2016 a. Sec. 2-27 Rules and Procedures of the City Commission—Generally. b. Sec. 2-28 Addressing the Mayor and City Commission. c. Sec. 2-29 Additional Rules of Conduct. d. Sec. 2-30 Quasi-Judicial Rules and Procedures of the City Commission. e. Sec. 2-31 Savings Clause 3. Sections 2-27 and 2-28 codify the existing City Commission rules and procedures in Resolution No. 2015-29 with a few proposed amendments to incorporate or clarify past practices and for legislative purposes given the rules will be codified. 4. Section 2-27 contains the following amendments in the following subsection: Sub. (a) New provision which sets forth a legislative authority preamble. Sub. (b) Clarifies city manager's and city clerk's rile in preparing and distribution of agenda packages. Sub. (c) New provision which expressly and more succinctly states the City Commission's role in approving the agenda at the commencement of each meeting in the body of the City Commission's rules. (consistent with Robert's Rules). Sub. (d) Expressly require the City Clerk to maintain at least two copies of Robert's Rules on the dais during City Commission meetings. Sub. (g) Expressly states that motions on the floor can procedurally be withdrawn by consensus of the city commission without a formal vote. Sub. (h) Expressly require the City Clerk to maintain at least two copies of the Motion Procedural Chart on the dais during City Commission meetings. Sub. (m)(5) New provision which establishes a procedure for reporting individuals (mayor, city commissioners, city manager, city attorney and city clerk) to provide background information on anticipated report items before the city commission meeting. Sub. (m)(6) New provision which clarifies that reporting individuals can present their reports in writing to be distributed at the meeting. 5. Section 2-28 contains the following amendments in the following subsections: Sub. (i) clarifies that public hearing items include, "adoption of ordinances, adoption of the annual millage and budget, and other agenda items required by law." Sub. (k) Clarifies the burden on verbatim transcripts and preservation of the record on appealing decision of the city commission. 6. Section 2-29 is an entirely new section which incorporates, practically verbatim, the city of Cape Canaveral rules of conduct discussed at the previous City Commission meeting. The Cape Canaveral version was modified to reference the mayor and city commissioners and city commission as deemed appropriate. 7. Section 2-30 is an entirely new section which incorporates a set of quasi-judicial rules and procedures. These rules and procedures are intended to be guidelines to assist the City Commission and the public regarding quasi-judicial proceedings. Many of the Public Hearings 404 PAGE 2 OF 3-September 26,2016 principles contained in these quasi-judicial rules and procedures have been frequently discussed and employed by the City Commission over the years. 8. Section 2-31 is a savings clause which provides that the failure of the mayor, city commission or any city official to abide by any of the rules and procedures contained under this Ordinance shall not have any adverse or negative effect on any final decision made by a majority vote of the city commission. It is the intent and purposes of this section to provide that a violation of any of the specific rules and procedures set forth in this article shall not be, in and of itself, a legal basis to challenge or nullify an otherwise lawful action of the City Commission. 9. The City Attorney and City Manager request that the City Commission take whatever action is necessary regarding proposed Ordinance No. 2016-09 based on what the City Commission deems in the best interests of conducting the business of the City Commission in an orderly, efficient and legal manner. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of the Ordinance other than staff and attorney time to prepare the Ordinance. 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 six (6) 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 and City Manager recommend that the City Commission consider, at its discretion, passing proposed Ordinance No. 2016-09 on First Reading. ATTACHMENTS: Ordinance No. 2016-09 (18 pages) Public Hearings 404 PAGE 3 OF 3-September 26,2016 ORDINANCE NO. 2016-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING CHAPTER 2, ARTICLE II CITY COMMISSION; PROVIDING FOR THE ADOPTION AND CODIFICATION OF CITY COMMISSION RULES AND PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, 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 2015-29 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 now desires to codify and update its rules and procedure as more specifically provided herein; and WHEREAS , the City Commission desires to continue 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. 11th 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 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 Ordinance No. 2016-09 Page 1 of 17 WHEREAS , the City Commission further desires to maintain its current policy that the City Commission chambers are designated Campaign-Free Zone in order to facilitate orderly and efficient meetings to handle City business; Cleveland v. City of Cocoa Beach, No. 03-16514, 2007 WL 869055 (11th Cir. Mar. 23, 2007); and WHEREAS, the City Commission recognizes that quasi-judicial proceedings conducted by the City Commission are governed by certain fundamental due process requirements established by statute and case law and that the City Commission must conduct such proceedings in accordance with such requirements. See e.g., Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993); and WHEREAS, the City Commission desires to also adopt guidelines to assist the City Commission with conducting quasi-judicial hearings in accordance with law; 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, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances is hereby amended to create a new Chapter 2, Article II, Sections 2-27, 2-28, 2-29, 2-30, and 2-31 as follows (underlinedtype indicates additions and strikeout type indicates deletions): CHAPTER 2 ADMINISTRATION ARTICLE II. CITY COMMISSION Sec. 2-27 Rules and Procedures of the City Commission - Generally (a) [[447,2255,689,2312][12][,I,][Times New Roman]]Authority. [[652,2255,726,2312][12][,,][Times New Roman]] [[699,2255,1765,2312][12][,,][Times New Roman]]The rules and procedures established under this [[1739,2255,1789,2312][12][,,][Times New Roman]]a [[1761,2255,2237,2312][12][,,][Times New Roman]]rticle II are adopted [[2211,2255,2300,2312][12][,,][Times New Roman]]in furtherance of section 4.13(b) of the city charter of the city of Winter Spring which provides that the city commission shall determine its own rules and order of business. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the city charter, state or federal law, the conflicting provisions of the city charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commission under the city charter, Article VIII, Section 2(b) of the Florida Constitution, the City of Winter Springs Ordinance No. 2016-09 Page 2 of 17 Florida Municipal Home Rule Powers Act, and other applicable law. (b) [[447,415,833,472][12][,I,][Times New Roman]]Agenda Packets. [[796,415,921,472][12][,,][Times New Roman]] [[896,415,1440,472][12][,,][Times New Roman]]The city manager shall [[1415,415,1892,472][12][,,][Times New Roman]]the authority to and [[1867,415,2300,472][12][,,][Times New Roman]]be responsible for preparing the city commission agenda for each city commission meeting. Upon completion of the agenda packets, the city clerk shall be responsible for distributing agenda packets to the mayor, city commissioners, city manager, city attorney, city staff and the public. Agenda packets shall be made available to the mayor and each commissioner no later than wednesday (preferably by 5:00 p.m.) prior to the commission meeting; however, when absolutely necessary or in the event of an emergency, the city manager may authorize the distribution of the agenda packets after 5:00 p.m. and may distribute any add-on agenda item(s) after the agenda has been distributed on wednesday. (c) [[447,990,976,1047][12][,I,][Times New Roman]]Approval of the Agenda. [[939,990,989,1047][12][,,][Times New Roman]] [[1050,990,2274,1047][12][,,][Times New Roman]]At the commencement of each city commission meeting [[2250,990,2300,1047][12][,,][Times New Roman]] during the [[539,1048,623,1105][12][,I,][Times New Roman]]Ca [[597,1048,864,1105][12][,I,][Times New Roman]]ll to Order [[834,1048,884,1105][12][,,][Times New Roman]] [[857,1048,1023,1105][12][,,][T imes New Roman]]section [[999,1048,2300,1105][12][,,][Times New Roman]], the city commission shall approve, by majority vote, the proposed agenda to be considered by the city commission at the meeting. Prior to the approval of the proposed agenda, the city commission may, by majority vote, add or remove agenda items from the proposed agenda or reorder agenda items in terms of placement on the agenda. Upon approval of the agenda, the agenda items will be considered by the city commission in the order presented on the approved agenda. (d) [[810,1450,982,1507][12][,I,][Times New Roman]]Order. [[945,1450,1055,1507][12][,,][Times New Roman]] [[1507,1450,1557,1507][12][,,][Times New Roman]] for the conduct of commission meetings and will be followed to the extent practical and feasible and to the extent not modified by this article or as otherwise required by law. [[2053,1565,2300,1622][12][,I,][Times New Roman]]s Rules of [[300,1623,472,1680][12][,I,][Times New Roman]]Order [[440,1623,1780,1680][12][,,][Times New Roman]]may be suspended by a majority vote of the City Commission. [[1744,1623,1814,1680][12][,,][Times New Roman]] [[1784,1623,2300,1680][12][,,][Times New Roman]]The city clerk shall be responsible for maintaining at least two copies of on the dais during all city commission meetings. (e) [[450,1853,830,1910][12][,I,][Times New Roman]]Consent Agenda. [[793,1853,863,1910][12][,,][Times New Roman]] [[833,1853,1069,1910][12][,,][Times New Roman]]Any comm [[1058,1853,2300,1910][12][ ,,][Times New Roman]]issioner may request that a consent agenda item be held for separate consideration. (f) [[446,2025,664,2082][12][,I,][Times New Roman]]Motions. [[627,2025,737,2082][12][,,][Times New Roman]] [[706,2025,2299,2082][12][,,][Times New Roman]]No motion shall be recognized by the chair until all commissioners and the city manager have had an opportunity to address that agenda item. (g) [[446,2198,681,2255][12][,I,][Times New Roman]]Motions B [[662,2198,1119,2255][12][,I,][Times New Roman]]elong to Commission [[1094,2198,2299,2255][12][,,][Times New Roman]]. 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 been seconded may be withdrawn by consensus of the city commission without a formal vote. Amendments to pending motions are not required to be accepted by the maker of the pending motion. (h) [[448,2543,1024,2600][12][,I,][Times New Roman]]Parliamentary Procedure. [[987,2543,1103,2600][12][,,][Times New Roman]] [[1076,2543,2300,2600][12][,,][Times New Roman]]All motions shall be considered in accordance with the The city clerk shall be responsible for maintaining at least two copies of the chart on the dais during all city commission meetings. City of Winter Springs Ordinance No. 2016-09 Page 3 of 17 (i) [[450,358,717,415][12][,I,][Times New Roman]]Time Limits [[687,358,737,415][12][,I,][Times New Roman]] [[699,358,1063,415][12][,I,][Times New Roman]]on Agenda Items [[1032,358,1082,415][12][,I,] [Times New Roman]]. [[1045,358,1155,415][12][,,][Times New Roman]] [[1125,358,2214,415][12][,,][Times New Roman]]Unless otherwise approved by a majority vote of the [[2176,358,2226,415][12][,,][ Times New Roman]]c [[2198,358,2300,415][12][,,][Times New Roman]]ity 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. (j) [[450,760,877,817][12][,I,][Times New Roman]]Call the Question. [[840,760,964,817][12][,,][Times New Roman]] minimum 2/3 vote of the commission. (k) [[450,933,931,990][12][,I,][Times New Roman]]Starting Time of Mee [[903,933,1050,990][12][,I,][Times New Roman]]tings. [[1013,933,1085,990][12][,,][Times New Roman]] [[1058,933,1265,990][12][,, ][Times New Roman]]Regular [[1238,933,1288,990][12][,,][Times New Roman]]c [[1260,933,1362,990][12][,,][Times New Roman]]ity [[1336,933,1386,990][12][,,][Times New Roman]]c [[1358,933,2300,990][12] [,,][Times New Roman]]ommission meetings shall be scheduled to commence at 5:15 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) hour notice provided to the mayor, city manager, city clerk, city attorney and each member of the city commission. (l) [[450,1335,962,1392][12][,I,][Times New Roman]]Time of Adjournment. [[925,1335,1068,1392][12][,,][Times New Roman]] [[1049,1335,2193,1392][12][,,][Times New Roman]]Unless sooner adjourned by majority vote of the [[2176,1335,2226,1392][12][,,][Times New Roman]]c [[2198,1335,2300,1392][12][,,][Times New Roman]]ity commission, the mayor shall adjourn the commission meeting at 8:30 p.m. However, by majority vote of the city commission, a commission meeting may be 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. (m) [[448,1738,655,1795][12][,I,][Times New Roman]]Reports. [[618,1738,709,1795][12][,,][Times New Roman]] [[680,1738,1160,1795][12][,,][Times New Roman]]At the conclusion of [[1131,1738,2300,179 5][12][,,][Times New Roman]]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 subject to the following protocol: (1) 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. (2) The city commission will not take final action on any major initiatives and/or initiatives that would ordinarily require significant city staff research presented under reports, but may, at its discretion and by majority vote, place such initiative on a subsequent city commission agenda for consideration. (3) The city manager, city attorney, and city clerk shall also be afforded a brief and to also present pending miscellaneous matters requiring expedient direction from the city City of Winter Springs Ordinance No. 2016-09 Page 4 of 17 commission prior to the next regularly scheduled city commission meeting. (4) 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 reports. (5) Reporting individuals may circulate, prior to the meeting, background information that may be reported on during the meeting. Such information shall be provided through the city similar to the distribution of agenda packets, except that the city attorney may distribute attorney-client privileged work product directly to the city manager, mayor and city commissioners to the extent necessary to protect such privilege. At the meeting, the reporting individual can present or refer to the background information in support of their report item. (6) Reporting individuals may also present their report items in writing to be distributed at the meeting. Sec. 2-28 Addressing the Mayor and City Commission. (a) [[450,1335,950,1392][12][,I,][Times New Roman]]Oral Communications. [[913,1335,983,1392][12][,,][Times New Roman]] [[953,1335,1717,1392][12][,,][Times New Roman]]Any person desiring to address the [[1683,1335,1733,1392][12][,,][Times New Roman]]m [[1722,1335,1949,1392][12][,,][Times New Roman]]ayor and [[1917,1335,1967,1392][12][,,][Times New Roman]]c [[1939,1335,2041,1392][12 ][,,][Times New Roman]]ity [[2008,1335,2058,1392][12][,,][Times New Roman]]c [[2030,1335,2300,1392][12][,,][Times New Roman]]ommission 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 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) [[450,2025,982,2082][12][,I,][Times New Roman]]Written Communication. [[945,2025,1015,2082][12][,,][Times New Roman]] [[985,2025,1732,2082][12][,,][Times New Roman]]Interested persons may address the [[1695,2025,1745,2082][12][,,][Times New Roman]]m [[1734,2025,1957,2082][12][,,][Times New Roman]]ayor and [[1920,2025,1970,2082][12][,,][Times New Roman]]c [[1942,2025,2045,2082][12][,,][Times New Roman]]ity [[2008,2025,2058,2082][12][,,][Times New Roman]]c [[2030,2025,2300,2082][12][,,][Times New Roman]]ommission by written communications in regard to a matter then under discussion. (c) [[448,2198,851,2255][12][,I,][Times New Roman]]Reading Protests. [[814,2198,885,2255][12][,,][Times New Roman]] [[855,2198,1633,2255][12][,,][Times New Roman]]Interested persons may address the [[1603,2198,1653,2255][12][,,][Times New Roman]]m [[1642,2198,1872,2255][12][,,][Times New Roman]]ayor and [[1843,2198,1893,2255][12][,,][Times New Roman]]c [[1865,2198,1967,2255][1 2][,,][Times New Roman]]ity [[1939,2198,1989,2255][12][,,][Times New Roman]]c [[1961,2198,2300,2255][12][,,][Times New Roman]]ommission by reading of protests, petitions, or other communications related to matters then being considered by the city commission. (d) [[446,2428,1053,2485][12][,I,][Times New Roman]]Mayor Enforce Time Limits. [[1016,2428,1126,2485][12][,,][Times New Roman]] [[1096,2428,1223,2485][12][,,][Times New Roman]]The [[1185,2428,1235,2485][12][,,][Times New Roman]]m [[1224,2428,2212,2485][12][,,][Times New Roman]]ayor shall strongly enforce the directives of the [[2175,2428,2300,2485][12][,,][Times New Roman]]city commission relative to disruptive members of the audience and time limits on public input. (e) [[448,2600,1155,2657][12][,I,][Times New Roman]]Disruptive Behavior Prohibited. [[1118,2600,1238,2657][12][,,][Times New Roman]] [[1211,2600,2300,2657][12][,,][Times New Roman]]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. City of Winter Springs Ordinance No. 2016-09 Page 5 of 17 (f) [[450,358,1096,415][12][,I,][Times New Roman]]Certain Remarks Prohibited. [[1059,358,1136,415][12][,,][Times New Roman]] [[1113,358,2300,415][12][,,][Times New Roman]]Obscene or disparaging language, fighting words, or slanderous remarks are strictly prohibited at the city commission meetings. (g) [[448,530,558,587][12][,I,][Times New Roman]]Non [[534,530,584,587][12][,I,][Times New Roman]]- [[550,530,962,587][12][,I,][Times New Roman]]resident and/or No [[937,530,987,587][12][,I,][Times New Roman]]n [[962,530,1012,587][12][,I,][Times New Roman]]- [[978,530,1414,587][12][,I,][Times New Roman]]taxpayer Restriction [[1389,530,1569,587][12][,,][Times New Roman]]. The [[1536,530,1586,587][12][,,][Times New Roman]]c [[1558,530,1661,587][12][,,][Times New Roman]]ity [[1628,530,1678,587][12][,,][Times New Roman]]c [[1650,530,2300,587][12][,,][Times New Roman]]ommission, 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 c heard on a matter related to the c (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) [[448,1220,722,1277][12][,I,][Times New Roman]]Delegations [[692,1220,1662,1277][12][,,][Times New Roman]]. Public comment will be included on every [[1629,1220,1679,1277][12][,,][Times New Roman]]c [[1651,1220,1754,1277][12][,,][Times New Roman]]ity [[1720,1220,1770,1277][12][,,][Times New Roman]]c [[1742,1220,2147,1277][12][,,][Times New Roman]]ommission agenda [[2120,1220,2170,1 277][12][,,][Times New Roman]] [[2136,1220,2300,1277][12][,,][Times New Roman]]under the following conditions: (1) 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 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 city commission meeting. Delegations shall be subject to other applicable provisions of the city code. 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 city commission to act; 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 city commission; c. Quasi-judicial items, generally meaning land use and other applications considered by the city commission requiring the application of a general rule of existing policy as more specifically described in section 2-30 of the City Code; and City of Winter Springs Ordinance No. 2016-09 Page 6 of 17 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 ced to address the city commission regarding matters related to the c (2) T 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 cicity commission regarding matters related to the c (3) Each person addressing the city commission during delegations shall speak for no more than three (3) minu speak for no more than five (5) minutes, unless a lesser or greater time is provided by a majority vote of the city commission. (4) 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 manager or administrative staff, the city commission may request, upon consensus, or 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 c 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. (5) 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 consensus, or proper motion and majority vote, by the city commission in accordance with law. City of Winter Springs Ordinance No. 2016-09 Page 7 of 17 (i) [[448,300,1046,357][12][,I,][Times New Roman]]Public Hearings in General [[1010,300,1190,357][12][,,][Times New Roman]]. The [[1154,300,1204,357][12][,,][Times New Roman]]c [[1176,300,1278,357] [12][,,][Times New Roman]]ity [[1242,300,1292,357][12][,,][Times New Roman]]c [[1264,300,2145,357][12][,,][Times New Roman]]ommission shall hold a public hearing on [[2109,300,2300,357][12][,,][Tim es New Roman]]agenda items to the extent required by law including, but not limited to, items related to the adoption of ordinances, adoption of the annual millage and budget, and other agenda items required by law. The following are intended to be general guidelines for such hearings: (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 required by applicable Florida Statutes and law. (2) Proposed ordinances or resolutions and notice shall be placed at city hall for public review in advance of each public hearing. (3) 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 along with city staff. (4) 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. (5) Public comment 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 comments 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 consensus, or majority vote, of the City Commission if the complexity of the relevant issues addressed during the public hearing require additional public debate. The city commission by consensus, or 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. (6) 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. (j) [[448,2485,1545,2542][12][,I,][Times New Roman]]Public Comments on Propositions Not on the Agenda [[1521,2485,1571,2542][12][,,][Times New Roman]]. [[1533,2485,1583,2542][12][,,][Times New Roman]] [[1650,2485,2299,2542][12][,,][Times New Roman]]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 City of Winter Springs Ordinance No. 2016-09 Page 8 of 17 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 the city code. Under erial, emergency and quasi-judicial matters as those terms are generally defined in subsection (h)(1)c. of this section. (k) [[447,588,641,645][12][,I,][Times New Roman]]Appeals [[611,588,1194,645][12][,I,][Times New Roman]]; Preservation of a Record. [[1157,588,1207,645][12][,,][Times New Roman]] [[1200,588,2299,645] [12][,,][Times New Roman]]It shall be the responsibility of any person deciding to appeal any decision made by the city commission with respect to any matter considered to preserve the record including, but not limited to, a verbatim record of the proceedings and testimony and evidence upon which any such appeal is to be based. In the event that such person prepares or has prepared a verbatim transcript of the proceeding by a court reporter, the person shall be required to provide a courtesy copy of the transcript to the city clerk for purposes of maintaining public records and any future appeal. (l) [[450,1048,683,1105][12][,I,][Times New Roman]]Campaign [[659,1048,709,1105][12][,I,][Times New Roman]]- [[673,1048,909,1105][12][,I,][Times New Roman]]Free Zone [[882,1048,932,1105][12][,,][Tim es New Roman]]. [[894,1048,964,1105][12][,,][Times New Roman]] [[935,1048,1062,1105][12][,,][Times New Roman]]The [[1025,1048,1075,1105][12][,,][Times New Roman]]c [[1047,1048,1149,1105][12][,,][T imes New Roman]]ity [[1112,1048,1162,1105][12][,,][Times New Roman]]c [[1134,1048,2180,1105][12][,,][Times New Roman]]ommission chamber is hereby declared a campaign [[2155,1048,2205,1105][12][,,][T imes New Roman]]- [[2172,1048,2300,1105][12][,,][Times New Roman]]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 and shall not be considered campaigning under this subsection. (m) [[448,1335,1131,1392][12][,I,][Times New Roman]]Enforcement; Order of Removal [[1096,1335,1146,1392][12][,,][Times New Roman]]. [[1109,1335,1159,1392][12][,,][Times New Roman]] [[1200,1335,1327,1392][12][,,][Times New Roman]]The [[1293,1335,1343,1392][12][,,][Times New Roman]]m [[1332,1335,1805,1392][12][,,][Times New Roman]]ayor or the presiding [[1770,1335,1820,1392][12 ][,,][Times New Roman]]c [[1792,1335,1894,1392][12][,,][Times New Roman]]ity [[1860,1335,1910,1392][12][,,][Times New Roman]]c [[1882,1335,2300,1392][12][,,][Times New Roman]]ommissioner shall enforce the rules adopted by the city commission. 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 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. Sec. 2-29 Additional Rules of Conduct. The mayor andcity commissioners shall adhere to the following additional rules of conduct: (a) The proper statutory and city charter role of a mayor and city commissioner, as with any elected member of a legislative body, is to act collectively, not individually, to set and/or revise policies. (b) The mayor and city commissioners, individually, do not manage the affairs of the city. The mayor and city commissioners will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, city code, and city charter to the city manager as the chief executive officer; or u administering the policy direction established by a majority vote of the city commission and not the policy wishes of the mayor or one individual city commissioner. (c) The mayor and city commissioners represent the interests of the entire city when making City of Winter Springs Ordinance No. 2016-09 Page 9 of 17 decisions and will rely upon available facts and their respective independent judgment. In their official capacity as an elected representative of the city, the mayor and city commissioners will avoid conflicts of interest and avoid using their official position for personal, professional, or partisan gain. (d) The mayor and city commissioners will demonstrate dignity, respect, and courtesy toward those whom they are in contact with in their official capacity as either the mayor or city commissioner. The mayor and city commissioners will refrain from intimidation and ridicule of the mayor, fellow commissioners, city manager, city attorney, staff, citizens of the city, and city utility customers. (e) The mayor and city commissioners, in their official capacity as an elected representative of the city, will refrain from inappropriate language including statements that are malicious, threatening, slanderous, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of serving as an elected representative of the city. (f) The mayor and city commissioners will focus on solving problems, and in doing so will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as they respectively request or receive information, examine data or weigh alternatives in the decision-making process. (g) The mayor and city commissioners will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of the city commission. (h) The mayor and city commissioners will devote adequate time for preparation prior to city commission meetings and as much as possible, the mayor and each member of the city commission will be in attendance at such meetings and all other scheduled events where their official participation is required. (i) The mayor and city commissioners will respect diversity and encourage the open expression of divergent ideas and opinions from the mayor and fellow city commissioners, city manager, city attorney, staff, citizens of Winter Springs, and city utility customers. They will listen actively and objectively to others concerns or constructive criticisms. (j) The mayor and city commissioners will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and the mayor and fellow commissioners. The mayor and city commissioners will delineate clearly for any audience whether they are acting or speaking as an individual citizen or in their respective capacity as a City of Winter Springs Ordinance No. 2016-09 Page 10 of 17 representative of the city. (k) The mayor and city commissioners will maintain in confidence any privileged or confidential information provided to them by the city and will not disclose such information publicly or to any person who has not been duly authorized by the city to receive such information, unless such disclosure is duly authorized by the city commission or city manager or required by law. In addition, the mayor and city commission will refrain from copying any written privileged or confidential documents provided to them by the city and will keep such documents in safekeeping. Further, upon leaving office or upon request by the city commission or city manager, the mayor and city commissioners will return to the city any privileged or confidential documents or materials provided to them by the city while serving on the city commission. (l) The mayor and city commissioners will abide by all laws of the State of Florida applicable to their official conduct on the city commission, including but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules and procedures and codes of conduct adopted by the city commission including, but not limited to, the rules and procedures and code of conduct expressed in this article. (m) The mayor and city commissioners will promote constructive relations in a positive climate with all city employees, city attorney, and city contractors and consultants consistent with their official role on the city commission, as a means to enhance the productivity and morale of the city. The mayor and city commissioners s decision to employ the most qualified persons for staff positions. The mayor and city commission will recognize the bona fide achievements of the city manager, staff, city attorney, city contractors and consultants, business partners, and others sharing in, and striving to achieve, the citys mission and strategic objectives. (n) The mayor and city commissioners will enhance their knowledge and ability to contribute value to the city as a member of the city commission by keeping abreast of issues and trends that could affect the city through reading, continuing education and training. The mayor and city commissioners will study policies and issues affecting the city, and will attend training programs if required by the city or law. A continuing goal of the mayor and city commissioners will be to improve their respective performance as a member of the city commission. (o) The mayor and city commissioners will value and assist each other on the city commission by exchanging ideas, concerns, and knowledge through lawful means of communication. Together, they will help build positive community support for the citys mission and the policies and strategic objectives established by the city commission. (p) The mayor and city commissioners will support and advocate for their respective beliefs, but will remain open to understanding the views of others. The mayor and city commissioners recognize that they each share in the responsibility for all city decisions and will accept the will of duly authorized decisions of the city commission and city electorate. City of Winter Springs Ordinance No. 2016-09 Page 11 of 17 (q) The mayor and city commissioners understand that their first priority as a member of the city commission will always be to look out for the best interests of the citizens of the city and the public health, safety and welfare. The mayor and city commissioners will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (r) The mayor and city commissioners will be accountable to the city commission for any violations of the rules and procedures and rules of conduct established by the city commission under this article. Sec. 2-30 Quasi-Judicial Rules and Procedures of the City Commission. The city commission recognizes that certain agenda items presented to the city commission for a final decision are considered by the courts as quasi-judicial in nature. Under applicable law, quasi-judicial proceedings require the mayor and city commissioners to serve as a quasi-judicial decision maker. The city commission must afford due process and comply with due process requirements including, but not limited to, notice, a hearing before an impartial decision-maker, and a right to a fair and orderly hearing process where applicants and interested parties are afforded an opportunity to be heard and present evidence. The following rules and procedures are intended to serve as guide to assist the mayor and city commission with conducting a quasi-judicial hearing: (a) [[450,1565,1030,1622][12][,I,][Times New Roman]]Categories of Decisions [[1042,1565,1092,1622][12][,I,][Times New Roman]] [[1079,1565,1235,1622][12][,I,][Times New Roman]]Quasi [[1199,1565,1249,1622][12][,I,][Times New Roman]]- [[1206,1565,1850,1622][12][,I,][Times New Roman]]judicial Defined Generally. [[1813,1565,1900,1622][12][,,][Times New Roman]] [[1887,1565,2300,162 2][12][,,][Times New Roman]]For purposes of understanding the context of this section, the city commission will make a variety of different types of decisions that the law classifies differently. For example, some decisions are classified legislative, executive/administrative, or quasi-judicial in nature. The decision making process employed by the city commission and scope of judicial review are markedly different for the different classifications. Quasi-judicial matters are agenda items that generally require the city commission to apply a general rule of existing policy. Such agenda items include, but are not limited to, land use and other applications such as rezonings, variances, special exceptions, conditional uses, special permits, site and engineering plans, and subdivisions of land and plats. (b) [[448,2140,1574,2197][12][,I,][Times New Roman]]Legislative and Executive/Administrative Decisions [[1577,2140,1627,2197][12][,I,][Times New Roman]] [[1604,2140,1654,2197][12][,I,][Times New Roman]]G [[1640,2140,1853,2197][12][,I,][Times New Roman]]enerally. [[1816,2140,1866,2197][12][,,][Times New Roman]] [[1842,2140,2300,2197][12][,,][Times New Roman]]This section is not intended to be applicable when the city commission is exercising legislative and executive/administrative decision making authority. For example, and without the intention of being a limitation on such decisions, the Florida Supreme Court has held that comprehensive plan amendments are considered a formulation of policy and therefore, are considered legislative actions and not quasi-judicial in nature. The adoption of an ordinance or resolution by the city commission that formulates policy is also considered a legislative action. The approval of contracts, appointing of board members and the purchasing of good and services are executive/administrative decisions. (c) [[448,2715,1059,2772][12][,I,][Times New Roman]]Fundamental Requirements. [[1022,2715,1092,2772][12][,,][Times New Roman]] [[1062,2715,1214,2772][12][,,][Times New Roman]]Quasi [[1178,2715,1228,2772][12][,,][Times New Roman]]- [[1191,2715,2300,2772][12][,,][Times New Roman]]judicial matters shall comply with the requirements City of Winter Springs Ordinance No. 2016-09 Page 12 of 17 of law. Interested parties shall at a minimum be permitted to be heard, present evidence, be represented by counsel, and cross examine witnesses. Decisions made by the city commission will be based on competent substantial evidence presented on the record at the hearing and based upon the application of applicable criteria established by law. (d) [[450,588,1153,645][12][,I,][Times New Roman]]Competent Substantial Evidence [[1126,588,2300,645][12][,,][Times New Roman]]. Competent substantial evidence has been generally defined by the courts as 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. (e) [[448,875,825,932][12][,I,][Times New Roman]]Burden of Proof. [[788,875,838,932][12][,,][Times New Roman]] [[900,875,1127,932][12][,,][Times New Roman]]The appli [[1092,875,2300,932][12][,,][Tim es New Roman]]cant seeking approval of an application has the burden of complies with all of the applicable substantive criteria and procedural requirements of the city code and other applicable provisions of law. (f) [[450,1163,697,1220][12][,I,][Times New Roman]]Objectors. [[660,1163,710,1220][12][,,][Times New Roman]] [[750,1163,2299,1220][12][,,][Times New Roman]]Persons objecting to an application must prove standing, which is the cornerstone of their right to present any case against an application. Standing is subject to applicable statutory and case law. Typically, but not in every case, the person seeking to prevent or overturn a quasi-judicial decision must show special damages and an interest different from that The city commission reserves the right to contest any persons standing to participate in a quasi-judicial hearing at any time through all appellate proceedings even if the person was permitted to participate in the hearing. (g) [[448,1623,886,1680][12][,I,][Times New Roman]]Rules of Evidence. [[849,1623,899,1680][12][,,][Times New Roman]] [[876,1623,1888,1680][12][,,][Times New Roman]]The strict rules of evidence shall not apply. [[1865,1623,2137,1680][12][,,][Times New Roman]]However, t [[2101,1623,2300,1680][12][,,][Times New Roman]]he city commission is required to make decisions on quasi-judicial agenda items based on testimony and evidence that is actually presented on the record at the hearing. The following evidentiary rules should be considered when the city commission receives testimony and evidence at the hearing: (1) [[598,1910,928,1967][12][,I,][Times New Roman]]Lay Testimony [[901,1910,2299,1967][12][,,][Times New Roman]]. Citizen testimony is permissible and will constitute competent substantial evidence so long as it is fact-based. Mere generalized statements of opposition are to be disregarded. The polling of citizens to determine who is not competent substantial evidence and should not be permitted at the hearing. (2) [[598,2198,1200,2255][12][,I,][Times New Roman]]Records, Maps and Reports [[1170,2198,2299,2255][12][,,][Times New Roman]]. Maps, diagrams, reports and other official records are competent substantial evidence in themselves including, but not limited to, all official records of the city of Winter Springs and any other local, state, federal government agencies. (3) [[598,2428,983,2485][12][,I,][Times New Roman]]Expert Testimony [[955,2428,2299,2485][12][,,][Times New Roman]]. The opinions and recommendations of professional city staff members including, but not limited to, city planning and zoning staff, the city engineer, law enforcement and fire personnel, and other qualified staff members constitute competent substantial evidence professional expertise and qualifications. The opinions of other duly qualified professionals and experts of applicants and objectors are also similarly considered competent substantial evidence. City of Winter Springs Ordinance No. 2016-09 Page 13 of 17 (4) [[598,358,986,415][12][,I,][Times New Roman]]Hearsay evidence [[959,358,2300,415][12][,,][Times New Roman]]. Hearsay evidence is admissible provided it is used to support other competent substantial evidence presented in the record before the city commission. (h) [[448,530,1006,587][12][,I,][Times New Roman]]Presentation of Evidence [[978,530,2141,587][12][,,][Times New Roman]]. Unless otherwise required by the city commission [[2117,530,2167,587][12][,, ][Times New Roman]] [[2142,530,2300,587][12][,,][Times New Roman]]or as permissible in subparagraph (h)(11) below, the following order of presentation will generally occur on agenda items that are subject to a quasi-judicial hearing: (1) The mayor will introduce the item. (2) The city attorney shall read any ordinance considered by title or in full pursuant to the requirements of the city charter for the public record, and provide general background to the agenda item to the extent necessary. (3) The city administrative staff and any staff consultants shall present a summary of the application and agenda item and its findings, opinions or recommendation on that application. (4) To the extent that the item is a public hearing, the mayor shall open the public hearing and invite any members of the audience to speak to the issue and to present any factual or expert testimony relevant to the matter being considered. If the matter is not a public hearing item, objectors with standing will be permitted to speak to the issue and to present any factual or expert testimony relevant to the matter being considered. (5) The applicant and any expert witness(es) to provide testimony on the matter being considered. (6) cross-examination of adverse witnesses shall be permitted during testimony to the extent requested and necessary in furtherance of due process requirements. (7) At such time all the evidence is presented to the city commission, the mayor shall close the evidentiary portion of the hearing and the city commission shall deliberate and make a final decision on the agenda item. (8) Any documentation presented to the city commission in support of or in opposition to an application and agenda item shall be offered into the record at the hearing by submitting a copy of same to the city clerk. The city clerk shall keep the documents as part of the record of the proceeding. It shall be the responsibility of the party offering the evidence to make sure that it is received by the city clerk as part of the record. (9) The agenda item and any staff report presented on any application and all applicable city codes and ordinances shall be deemed part of the record in all applications considered by the commission. City of Winter Springs Ordinance No. 2016-09 Page 14 of 17 (10) If an applicant or objector anticipates presenting, for the hearing record, a detailed written report as evidence, the applicant or objector may submit the report to the city clerk in advance of the hearing and the report will be distributed to the city commission, city staff and any other interested person requesting the same prior to hearing to the extent feasible so the city commission and interested persons may examine the report prior to the hearing. Applicants and objectors shall not submit such reports or any other evidentiary information directly to the city commission prior to the hearing. (11) The city commission recognizes that in limited cases a full-blown quasi-judicial hearing may not be needed in order to ensure due process before the city commission takes final action on an application. Such limited cases may occur when: (i) a specific application does not require a public hearing; (ii) the application is deemed complete and supported by a city staff recommendation in favor of approval in accordance with applicable requirements; (iii) the applicant concurs with the city staff recommendation; and (iv) no interested party has appeared at the city commission meeting to contest or question the application and city staffs recommendation. In such cases, the city commission may dispense with the evidentiary presentation formalities set forth in this subsection (g), rely on the city staff recommendation as uncontested and unrebutted competent substantial evidence, and take final action in a manner deemed appropriate by the city commission to conduct orderly and efficient city business. (i) [[450,1450,664,1507][12][,I,][Times New Roman]]Swearing [[639,1450,689,1507][12][,I,][Times New Roman]]- [[654,1450,989,1507][12][,I,][Times New Roman]]In of Witnesses [[959,1450,1009,1507][12][, ,][Times New Roman]]. [[971,1450,1021,1507][12][,,][Times New Roman]] [[1050,1450,2299,1507][12][,,][Times New Roman]]Persons presenting evidence and expert testimony may be required to take an oath and be sworn by the city attorney in substantially the following manner: I (state witness name) swear or affirm to tell the truth, the full truth, and nothing but the truth. (j) [[448,1795,1002,1852][12][,I,][Times New Roman]]Impartial Decision Maker [[972,1795,1358,1852][12][,I,][Times New Roman]]; Voting Conflicts [[1328,1795,1378,1852][12][,I,][Times New Roman]]. [[1340,1795,1390,1852][12][,,][Times New Roman]] [[1350,1795,1400,1852][12][,,][Times New Roman]] [[1500,1795,1627,1852][12][,,][Times New Roman]]The [[1602,1795,1876,1852][12][,,][Ti mes New Roman]]mayor and [[1851,1795,2218,1852][12][,,][Times New Roman]]city commission [[2193,1795,2282,1852][12][,,][Times New Roman]]ers [[2250,1795,2300,1852][12][,,][Times New Roman]] sitting in a quasi-judicial capacity will act in an impartial and unbiased manner when it considers quasi-judicial agenda items. The city commission will base its final decision on such agenda items based upon the weight of competent substantial evidence that is presented in the record at the quasi-judicial proceeding before the city commission. Decisions are based on a case-by-case basis. The mayor and city commissioners are not expected to testify at the proceeding and are not expected to engage in independent fact finding outside of the proceeding. The city commission may consider the advice of the city manager, city staff and city attorney in their respective official capacities. To the extent that the mayor or any city commissioner believes that they have a voting conflict of interest on any agenda item, under 112.3143, Florida Statutes or other applicable law, the mayor or city commissioner with the conflict shall declare a voting conflict and recuse themselves from participating in the proceeding, abstain from voting upon the agenda item, and file the applicable voting conflict form. In addition, pursuant to section 286.012, Florida Statutes, the mayor or any city commissioner may abstain from voting on a quasi-judicial agenda item if the abstention is to assure a fair proceeding free from potential bias or prejudice. (k) [[448,2715,1028,2772][12][,I,][Times New Roman]]Ex Parte Communications. [[991,2715,1041,2772][12][,,][Times New Roman]] [[1050,2715,2068,2772][12][,,][Times New Roman]]The mayor and city commissioners will neither [[2036,2715,2300,2772][12][,,][Times New Roman]]knowingly City of Winter Springs Ordinance No. 2016-09 Page 15 of 17 initiate nor consider ex parte communications concerning the merits of any quasi-judicial application that is currently pending before the city commission or that the mayor or city commissioners knows or reasonably expects will be filed with the city commission within 180 days after the date of any such communication To the extent feasible and practicable, the mayor or city commissioners should avoid ex parte communications concerning the merits of any such Application. Non city staff persons desiring to discuss the merits of such Applications or to provide written documents that would be considered ex parte communications should be directed to contact the city manager or his or her designee responsible for processing the Application. The city manager or his or her designee will be responsible for handling the discussion or written communication in a manner deemed appropriate. (1) Pursuant to Section 286.0115, Florida Statutes, if the mayor or any city commissioner receives ex parte communications regarding any Application, the mayor or any city commissioner must publicly disclose such communications before or during the hearing at which a vote is taken on the quasi-judicial matter, so that persons who have opinions contrary to those expressed in the ex parte communications are given a reasonable opportunity to refute or respond to the communications. Specifically, all written communications received and all written responses to such communications will be placed on the record at the hearing, and the substance of all oral communications received and all oral responses made will be placed on the record. (2) This subsection (k) is not intended to prohibit the mayor and city commissioners from making official inquiries of, or obtaining advice from, the city manager, city staff and city attorney in their respective official capacities. (l) [[450,1680,983,1737][12][,I,][Times New Roman]]Continuance of Hearings [[953,1680,1003,1737][12][,I,][Times New Roman]]. [[966,1680,1016,1737][12][,,][Times New Roman]] [[986,1680,1056,1737][12] [,,][Times New Roman]] [[1026,1680,1076,1737][12][,,][Times New Roman]]B [[1060,1680,1537,1737][12][,,][Times New Roman]]y majority vote of the [[1498,1680,1851,1737][12][,,][Times New Roman]]city commission [[1827,1680,1973,1737][12][,,][Times New Roman]], the c [[1945,1680,2300,1737][12][,,][Times New Roman]]ity commission may continue a quasi-judicial hearing on its own initiative or the request of city staff, the applicant or any interested party with standing in order to allow additional time to gather additional relevant evidence to be presented to the commission at a subsequent meeting. (m) [[450,1968,1186,2025][12][,I,][Times New Roman]]Written Orders of Final Decisions. [[1149,1968,1199,2025][12][,,][Times New Roman]] [[1200,1968,2299,2025][12][,,][Times New Roman]]Final decisions made by the city commission regarding quasi-judicial applications and agenda items shall be memorialized in a separate writing as follows: (1) Pursuant to section 166.033, Florida Statutes, when the city commission denies an application for a development permit, as that term is defined in section 163.3164, Florida Statutes, city staff is directed to prepare and send written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority on which ding permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land; or (2) By majority vote of the city commission, the city commission may direct the city City of Winter Springs Ordinance No. 2016-09 Page 16 of 17 attorney to prepare a proposed order, which will include findings of fact and conclusions of law, for the commission to consider as final commission official action on a quasi-judicial matter. If such direction is given to the city attorney, the hearing will be continued to another city commission meeting at which the commission will consider adopting the proposed order as presented or modified by commission. A copy of the final order will be provided to the applicant and other interested parties upon request; or (3) Pursuant to other requirements of law; or (4) If notice is not required by subsections (1)(2) or (3) above, City staff may provide a courtesy notice to the applicant of the city commissions final decision. (n) [[450,990,500,1047][12][,I,][Times New Roman]]S [[475,990,890,1047][12][,I,][Times New Roman]]upplemental Quasi [[854,990,904,1047][12][,I,][Times New Roman]]- [[862,990,1197,1047][12][,I,][Times New Roman]]judicial Rules. [[1160,990,1210,1047][12][,,][Times New Roman]] [[1200,990,1857,1047][12][,,][Times New Roman]]To the extent necessary, the c [[1829,990,2194,1047][12][,,][Times New Roman]]ity commission [[2164,990,2300,1047][12][,,][Times New Roman]]may adopt or employ at a particular hearing supplemental quasi-judicial rules of procedure which shall apply to quasi-judicial matters consistent with the requirements of law. Sec. 20-31 Savings Clause. The failure of the mayor, city commission or any city official to abide by any of the rules and procedures contained under this article II shall not have any adverse or negative effect on any final decision made by a majority vote of the city commission. It is the intent and purposes of this section to provide that a violation of any of the specific rules and procedures set forth in this article shall not be, in and of itself, a legal basis to challenge or nullify an otherwise lawful action of the City Commission. 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. 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 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6.Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. City of Winter Springs Ordinance No. 2016-09 Page 17 of 17 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _____ day of ______________, 2016. ____________________________________ 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 First Reading: September 26, 2016 Legal Ad Published: ________________ Effective Date: _______________ City of Winter Springs Ordinance No. 2016-09 Page 18 of 17