HomeMy WebLinkAbout2016 10 10 Public Hearing 400 Ordinance 2016-09, Second Reading, Rules and ProcedureCOMMISSION AGENDA
ITEM 400
Informational
Consent
Public Hearings
X
Regular
October 10, 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, adopting on Second and final reading
Ordinance No. 2016 -09.
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 and a specific code 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 initially prepared in furtherance of the City Commission's direction. During
First Reading, the City Commission considered the initial draft Ordinance and passed it on
first reading with consensus to direct that certain changes be made to the Ordinance by the
City Attorney. This agenda item presents the revised Ordinance for the City Commission's
consideration on second and final 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. Ordinance No. 2016 -09 was passed on First Reading on September 26, 2016, with
Public Hearings 400 PAGE 1 OF 4 - October 10, 2016
consensus direction to the City Attorney to make certain changes prior to Second Reading
for further consideration. For the City Commission's convenience, attached to this
Agenda Item is a Redlined version of Ordinance No. 2016 -09 so the City Commission
can easily identify the changes that were made to the Ordinance after First Reading.
If the City Commission adopts the Ordinance, the Ordinance will be put in proper
legislative form and the final text contained in Sections 20 -27, 20 -28, 20 -29, 20 -30, and
20 -31 will be completely underlined and incorporated into the City Code.
3. A summary of the Ordinance (including changes made after First Reading) are set
forth below.
4. 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:
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
5. 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.
6. 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 role in preparing and
distribution of agenda packages and provides a procedure for
handling information deemed confidential or exempt from public
disclosure by law.
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 and provides a
procedure for handling information deemed confidential or exempt
from public disclosure by law.
Public Hearings 400 PAGE 2 OF 4 - October 10, 2016
Sub. (m)(6) New provision which clarifies that reporting individuals can present
their reports in writing to be distributed at the meeting.
7. Section 2 -28 contains the following amendments in the following subsections:
Sub. (e) Clarifies the meaning of electronic devices and includes certain visual
displays as disruptive. Further, provides a provision that cell phones
and other ringing devices must be silenced or turned off during
commission meetings.
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) Adds a new section regarding speaker cards.
Sub. (1) Re- lettered from (k) and clarifies the burden on verbatim transcripts
and preservation of the record on appealing decision of the city
commission.
Sub. (n) Adds a new section regarding placards, signs, posters, flags and
banners.
8. Section 2 -29 is an entirely new section which incorporates, practically verbatim, the
city of Cape Canaveral code 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. Subsections (g), (k) and (1)
were modified based on the city commission's discussion during First Reading.
9. 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
principles contained in these quasi-judicial rules and procedures have been frequently
discussed and employed by the City Commission over the years. This section was further
revised after First Reading based on the city commission's discussion during First Reading
and based on additional consideration and legal research by the City Attorney.
10. 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. This section was also revised by the City Attorney after First Reading
based on additional consideration to make clear that these rules and procedures are not
intended to provide any third party with an independent cause of action against the city and
its officials and employees. In addition, clarifies that the city commission has the right to
waive the rules and procedures in its discretion.
Public Hearings 400 PAGE 3 OF 4 - October 10, 2016
11. 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.
This Ordinance was advertised for second reading on Thursday, September 29, 2016.
RECOMMENDATION:
The City Attorney and City Manager recommend that the City Commission consider, at its
discretion, adoption of Ordinance No. 2016 -09 on Second and Final Reading.
ATTACHMENTS:
A. Ordinance No. 2016 -09 (Redlined from First Reading) (21 Pages)
B. Legal Advertisement - Orlando Sentinel - Thursday, September 29, 2016 (1 Page)
Public Hearings 400 PAGE 4 OF 4 - October 10, 2016
Attachment A
REDLINE DRAFT OF CHANGES MADE AFTER FIRST READING
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 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
City of Winter Springs
Ordinance No. 2016 -09
Page 1 of 21
provisions of Florida law; and
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 emu., 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 (underlined type indicates additions and seetrt type indicates deletions):
CHAPTER 2 ADMINISTRATION
ARTICLE 11. CITY COMMISSION
Sec. 2 -27 Rules and Procedures of the City Commission - Generally
(a) Authority. The rules and procedures established under this article 11 are adopted 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 11 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
City of Winter Springs
Ordinance No. 2016 -09
Page 2 of 21
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
Florida Municipal Home Rule Powers Act, and other applicable law.
(b) Agenda Packets. The city manager shall have the authority to and 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. To the extent that certain agenda items require the review by or distribution of
documents to the mayor and city commission that are deemed confidential or exempt from public
disclosure by law, the city manager will arrange for such review or distribution in a manner
deemed appropriate to protect such exemption or confidentiality.
(c) Approval of the Agenda. At the commencement of each city commission meeting
during the Call to Order section, 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) 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 article or as otherwise required by law. Robert's Rules of
Order may be suspended by a majority vote of the City Commission. The city clerk shall be
responsible for maintaining at least two copies of Robert's Rules of Order on the dais during all
city commission meetings.
(e) Consent Agenda. Any commissioner may request that a consent agenda item be held for
separate consideration.
(f) 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.
(g) 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 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.
City of Winter Springs
Ordinance No. 2016 -09
Page 3 of 21
(h) 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). The city clerk shall be responsible
for maintaining at least two copies of the chart on the dais during all city commission meetings.
(i) Time Limits on Agenda Items. 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.
0) Call the Question. Motions to "Call the Question" shall require a second and a
minimum 2/3 vote of the commission.
(k) Starting Time of Meetings. Regular city commission 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.
(1) 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 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) 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 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
City of Winter Springs
Ordinance No. 2016 -09
Page 4 of 21
agenda for consideration.
(3) 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.
(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
clerk's or city manager's office for distribution to the mayor and city commission in a manner
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. Further, to the extent that certain
information must be distributed by the city manager that is deemed confidential or exempt from
public disclosure by law, such information may be distributed directly to the mayor, city
commissioners, and city attorney to the extent necessary to protect such exemption or
confidentiality. 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) 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
City of Winter Springs
Ordinance No. 2016 -09
Page 5 of 21
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 city
commission relative to disruptive members of the audience and time limits on public input.
(e) Disruptive Behavior Prohibited. Disruptive behavior by members of the audience
including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of
electronic devices (e.g., cell phones, lap tops, tablets, cameras, and gaming devices), visual
displays (e.g, lasers, holographical images, projections, and blinking, flashing or other light
displays), and causing loud noises is strictly prohibited. Cell phones or any other ringing device
must be silenced or turned off during city commission meetings.
(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 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 "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 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:
Emergency items, meaning an official act that must be taken to deal with an
City of Winter Springs
Ordinance No. 2016 -09
Page 6 of 21
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
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.
(2) 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.
(3) 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.
(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 city's administrative staff upon proper referral, the
speaker shall have the right to bring the matter in question before the city commission during the
delegations portion of any subsequent city commission meeting.
City of Winter Springs
Ordinance No. 2016 -09
Page 7 of 21
(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.
(i) Public Hearings in General. The city commission shall hold a public hearing on 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
City of Winter Springs
Ordinance No. 2016 -09
Page 8 of 21
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.
0) 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 the city code. Under
this section, the term "proposition" does not include ministerial, emergency and quasi-judicial
matters as those terms are generally defined in subsection (h)(1)c. of this section.
(k) Speaker Cards. The city clerk will create and maintain a short form, subject to the
city commission's approval, for an individual to use in order to inform the city commission of a
desire to be heard during delegations and public hearing items, to indicate his or her support,
opposition, or neutrality on an agenda item or proposition before the city commission for
consideration, and to indicate his or her designation of a representative to speak for him or her or
his or her ,group on an agenda item or proposition before the city commission if he or she so
chooses. The form will also contain the individual's contact information for purposes of
demonstrating compliance with the commission rules and procedures and following up on matters
to the extent the city believes follow -up is necessary. Forms must be completed by the individual
at the meeting and submitted to the city clerk, who will provide them to the mayor or the presiding
city commissioner for consideration and handling during the meeting. A person submitting a form
is not required to speak, but may request on the form that the mayor or the presiding city
commissioner briefly note for the record their support or opposition for an agenda item or
proposition before the city commission.
(1) Appeals; Preservation of a Record. 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.
(1m) 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
City of Winter Springs
Ordinance No. 2016 -09
Page 9 of 21
badges are permitted and shall not be considered campaigning under this subsection.
(n) Placards, Signs, Posters, Flags and Banners. Due to the limited size and function
of the city commission chambers and city hall lobby, and for the safety and protection of the public
attending commission meetings, the public is prohibited from bringing_ placards, signs, posters,
flags and banners for public display within the chamber and lobby during city commission
meetings, unless a placard, sign, poster, flag or banner is authorized in advance by the citX
manager or city commission to be ceremonially presented to the city commission as part of an
agenda item. However, in such instances, the placard, sign, poster, flag or banner shall be
properly stored and set aside until the ceremonial presentation in order to avoid disrupting the
meeting, impeding the public's attendance, or injuring the public in attendance.
(moo) Enforcement; Order of Removal. The mayor or the presiding city commissioner 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 and city 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
and /or to apply the city's governing policies and that the city manager and staff administer such
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 undermine the city manager's lawful authority. The city manager is responsible for
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
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
City of Winter Springs
Ordinance No. 2016 -09
Page 10 of 21
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. The mayor and city commissioners will
work cooperatively with the city manager to establish reasonable parameters for such requests and
arraee
(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.
0) 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
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
City of Winter Springs
Ordinance No. 2016 -09
Page 11 of 21
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. For
purposes of this paragraph, privileged and confidential information is only information that is
deemed privileged or confidential and /or exempt from public records disclosure by law. By way
of example, and without limiting the scope of the kinds of information that could be privileged or
confidential and /or exempt, the following information is eg nerally deemed privileged or
confidential and /or exempt from public disclosure: (i) information pertaining to security systems
for any property owned or leased by the city, (ii) risk assessment information to determine security
threats to data, information and information technology resources of the city; (iii) attorney- client
work product related to pending or reasonably anticipated litigation or city claims file, (iv) city
commission transcripts of attorney- client litigation sessions until the conclusion of litigation, (v)
claims files regarding the he city's risk management program vi) information concerning the plans,
intentions, or interests of a private entity to located, relocate or expand its business activities within
the city if the private entity requests such confidentiality in writing, (vii) all work product
developed by the city in preparation for collective bargaining negotiations, and during
negotiations, (viii) trade secrets and proprietary business information contained in records held by
the city, (ix) certain personal identifying and health information contained in records held by the
city when required by law; x) active criminal intelligence information and active criminal
investigative information, and (xi) any information revealing law enforcement surveillance
techniques or procedures or personnel or information revealing the identity of a confidential
informant or confidential source. The mayor and city commissioners may contact the city
manager or city attorney with any questions on whether certain information falls within the scope
of this paragraph.
(1) 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 Public Records 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 will support the city manager'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 city's mission and strategic
objectives.
City of Winter Springs
Ordinance No. 2016 -09
Page 12 of 21
(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 city's 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.
(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
not intended to be strictly applied, but rather are intended to serve as "uide to assist the mayor
and city commission with conducting a quasi-judicial hearing in accordance with the requirements
of law:
(a) Categories of Decisions Quasi-judicial Defined Generally. 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
City of Winter Springs
Ordinance No. 2016 -09
Page 13 of 21
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) Legislative and Executive /Administrative Decisions Generally. 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) Fundamental Requirements. Quasi-judicial proceedings - fnat4er-s shall comply with the
minimum requirements 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) Competent Substantial Evidence. 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) Burden of Proof. The applicant seeking approval of an application has the burden of
proving that the proposed application is consistent with the city's comprehensive plan and
complies with all of the applicable substantive criteria and procedural requirements of the city
code and other applicable provisions of law.
(f) Objectors; Party Intervenor Ap2lications.
(1) 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 in kind and degree
from that of the general public's at large. The city commission reserves the right to contest any
person's 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.
City of Winter Springs
Ordinance No. 2016 -09
Page 14 of 21
(2) An affected party who believes that they have legal standing and can demonstrate
that they have a special interest and may suffer special damages different in kind and degree from
that of the eg neral public's at large, can file a party intervenor application with the city manager
requesting to be formally declared a party intervenor for purposes of presenting factual and expert
testimony and evidence at the quasi-judicial hearing. The application shall be filed at least seven
(7) days prior to the scheduled quasi-judicial hearing and shall state with specificity the factual and
legal basis on which the party believes they have legal standing and a general list of witnesses and
evidence that the party anticipates submitting to the city commission. Failure to timely file a
party intervenor application shall be deemed a waiver of the opportunity to seek a party intervenor
determination by the city commission. Applications timely filed will be reviewed for legal
sufficiency by the city attorney and presented to the city commission at the commencement of the
hearing for a determination. The city commission may limit the number of party intervenors or
consolidate party intervenors for presentation purposes to avoid unnecessary repetition and delay
of the quasi-judicial hearing. If the city commission grants party intervenor status to a party, the
party will be afforded time at the hearing to present the factual and expert testimony and evidence
in accordance with subsection (h) of this section. Party intervenors may be sworn -in as witnesses
and shall be subject to cross - examination by other parties or party intervenors, and shall be
required to qualify expert witnesses, as appropriate.
(g) Rules of Evidence. The strict rules of evidence shall not apply. However, the 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) Lay Testimony. Citizen testimony is permissible and ma 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 "for" or "against" an
agenda item is not competent substantial evidence and should not be permitted at the hearing.
(2) Records, Maps and Reports. Maps, diagrams, reports and other official records
may be af-e 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) Expert Testimony. 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 may constitute competent
substantial evidence, provided such opinions and recommendations are related to the city staff
person's professional expertise and qualifications. The opinions of other duly qualified
professionals and experts of applicants and objectors mgL_afe also be similarly considered
competent substantial evidence.
(4) Hearsay evidence. Hearsay evidence may be is admissible provided it is used to
support other competent substantial evidence presented in the record before the city commission.
City of Winter Springs
Ordinance No. 2016 -09
Page 15 of 21
(h) Presentation of Evidence. Unless otherwise required by the city commission or as
permissible in subsectionpar-agr-aph (h)(1 -3) below, the following order of presentation will
generally occur on agenda items that are subject to a quasi-judicial hearing:
(1) The mayor will briefly introduce the item (approx. 3 minutes).
(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, present party intervenor applications
timely received for the city commission's determination, and provide general background to the
agenda item to the extent necessary (approx. 5 minutes).
(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
(approx. 10 minutes).
(454) The applicant and any factual and expert witness(es) will�e provide testimony and
evidence on the application and matter being considered (maximum 15 minutes).
(5) Any Party Intervenors and any factual and expert witness(es) will provide testimony
and evidence on the application and matter being considered (maximum of 10 minutest
(6) To the extent that the item is a public hearing, the mayor shall open the public hearing
and invite any person in attendance to speak to the issue and to present any factual or expert
testimony (if any) relevant to the matter being considered (maximum 3 minutes per person or 5
minutes per representative of recognized groups). If the matter is not a public hearing item,
objectors not agr nted party- intervenor status), proponents and the eg neral public will be permitted
to speak to the issue and to present any factual or expert testimony relevant to the matter being
considered (maximum 3 minutes per person or 5 minutes per representative of recognized ,groups).
(67) cross - examination of adverse witnesses shall be permitted during testimony to the
extent requested and necessary in furtherance of due process requirements (maximum 5 minutes
per witness).
(8) At the close of the evidentiary presentation, the applicant and staff will be afforded
the opportunity to rebut any testimony and evidence. (maximum 5 minutes each).
City of Winter Springs
Ordinance No. 2016 -09
Page 16 of 21
(L9) At stieh time all the e video A to the eity eafn issionthe conclusion of
the rebuttal, 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. To the extent deemed necessary by
the city commission, at its discretion, the city commission may reopen the evidentiary_ portion of
the hearing if the mayor and city commissioners have additional evidentiary inquiries of the
applicant, staff or any party intervenor.
(910) 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 or copies of same to the city clerk. The city clerk shall keep one copy of 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, and that extra copies be
presented to the mayor and city commissioners as deemed necessary or requested by the city
commission.
(9J 1) The agenda item and any staff report presented on any application and all
applicable city codes and ordinances and state and federal law shall be deemed part of the record in
all applications considered by the cif commission.
(192) If an applicant, paqy intervenor, or objector anticipates presenting, for the hearing
record, a detailed written report as evidence, the applicant, party intervenor, or objector may
submit the report to the city clerk in advance of the hearing and the report will be distributed to the
mayor, city commission, city staff and any other interested person requesting the same prior to
hearing to the extent feasible so the mayor and city commission and interested persons may
examine the report prior to the hearing. Applicants, party intervenors, and objectors shall not
submit such reports or any other evidentiary information directly to the mayor and city
commission prior to the hearing.
(1 -3) The city commission recognizes that in limited cases a full -blown quasi-judicial
hearing may not be needed in order to ensure due process is satisfied 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 party intervenor or interested
party has appeared at the city commission meeting to contest or seriously question the application
and the recommendation and competent substantial evidence contained in the city staff—,
recommendation. In such cases, the city commission may dispense with the evidentiary
presentation formalities set forth in this subsection (gh), consider the matter informally at its
discretion, and 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.
(14) The city commission may modify the time limits specified in this subsection (h) on
City of Winter Springs
Ordinance No. 2016 -09
Page 17 of 21
its own motion or consensus or upon request of a party to the proceeding. A request for a
modification of time should be considered by the city commission to assure all parties have an
opportunity to participate without undue repetition and delay in furtherance of affording due
process.
(i) Swearing In of Witnesses. Persons presenting evidence and expert testimony may be
required to take an oath and be sworn by the city attorney, collectively or individually, in
substantially the following manner:
I (state witness name) swear or affirm to tell
the truth, the full truth, and nothing but the truth.
0) Impartial Decision Maker; Voting Conflicts. The mayor and city commissioners
sitting in a quasi-judicial capacity will each endeavor to 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 and credibility of competent substantial evidence, both
direct and circumstantial, that is presented in the record at the quasi-judicial proceeding before the
city commission. The mayor and city commissioners are each permitted to make deductions and
reach conclusions which reason and common sense lead them to make in furtherance of legitimate
government purposes that are in the city's best interests- Decisions of the city commission are
made as a collective body, by majority vote, arm 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 section 112.3 143, 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) Ex Parte Communications. The mayor and city commissioners will neither knowingly
initiate nor consider ex parte communications not disclosed on the record 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. Applicants, Party Intervenors, and Many other 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
City of Winter Springs
Ordinance No. 2016 -09
Page 18 of 21
appropriate. The city manager or his or designee will be responsible for scheduling and
conducting all meetings, and handling all official communications between the city (and its
officials and employees) and applicants and Party Intervenors.
(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.
(3) This subsection (k) is not intended to preclude the mayor and city commissioners
from communicating with constituents and members of the public regarding the general existence
or status of any application nor preclude the mayor or any city commissioner from attending
community or homeowner's association meetings which are eg nerally open to city residents and
constituents at which an application may be discussed. In such circumstances, the mayor and city
commissioners will neither knowingly initiate nor participate in ex parte communications
regarding the merits of any application.
(1) Continuance of Hearings. By majority vote of the city commission, the city 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) Written Orders ofFinal Decisions. Final decisions made by the city commission
regarding quasi-judicial applications and agenda items shall be made verbally by motion and roll
call majority vote, but in some cases shall also 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 based on the city
commission's decision. The notice must include a citation to the applicable portions of an
ordinance, rule, statute, or other legal authority on which the city commission based the denial of
the permit, which may be contained in the agenda item presented by city staff. "Development
permit" includes any building 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
City of Winter Springs
Ordinance No. 2016 -09
Page 19 of 21
(2) By majority vote of the city commission, the city commission may direct the city
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 commission's final decision.
(n) Supplemental Quasi-judicial Rules. To the extent necessary, the city commission 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.
(o) Advisory HearjtZg Officer. The city commission may, at its discretion, appoint an
independent, advisory hearing officer to conduct a quasi - judicial hearing under this section for
purposes of recommending a written order regarding any application. The written order will
contain recommended findings of fact and conclusions of law. The hearing officer shall be a
member of the Florida Bar in good standing for five or more years, and must demonstrate
satisfactory knowledge of municipal law and quasi-judicial proceedings.
Sec. 20 -31 Savings Clause; Waiver of Rules and Procedures. This article II is
adopted for the sole benefit of the mayor and city commission for purposes of conducting orderly
rderly
and efficient meetings. No person shall have any claim, right, or privilege whatsoever against the
city or any of its mayor, city commissioners, officials and employees by virtue of the provisions of
this article 11. The failure of the mayor, city commissioners, city commission or any city official
and employee to abide by any of the rules and procedures contained under this article 11 shall not
have any adverse or negative effect on any final decision made by a major-4y 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
bring any cause of action against the city and its officials and employees or challenge or nullify an
otherwise lawful action of the City Commission. This article II shall not be construed or
interpreted as the city consenting to be sued by any third party including, but not limited to, any
applicant, party intervenor, objector, or any other person if compliance with the provisions of this
article does not occur. The city commission reserves the right to expressly or impliedly waive the
application of any provision of this article in its discretion.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
City of Winter Springs
Ordinance No. 2016 -09
Page 20 of 21
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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the IOm day of October, 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: September 29, 2016
Effective Date: October 10, 2016
City of Winter Springs
Ordinance No. 2016 -09
Page 21 of 21
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