HomeMy WebLinkAbout2018 12 10 Regular 501 Commission Rules and ProceduresCOMMISSION AGENDA
ITEM 501
Informational
Consent
Public Hearings
Regular
X
December 10, 2018 KS
Regular Meeting City Manager Department
REQUEST:
At the previous request of the City Commission, the City Attorney and City Manager
recommend that the City Commission consider one specific provision of the City
Commission Rules and Procedures which is codified in Section 2-27 (m)(2), City Code, and
provide whatever direction the City Commission deems appropriate.
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 Section 2-27 of
the City Code. At the September 10, 2018 City Commission meeting, the City Commission
directed that the City Attorney and City Manager prepare and present an Agenda Item
related to discussing Section 2-27(m)(2) of the Rules and Procedures related to City
Commission Reports and the procedure for the Mayor and each Commissioner to place
initiatives on a City Commission agenda for consideration.
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. The City Commission's current Rules and Procedures are codified in Section 2-27 of
the City Code.
3. At the September 10, 2018 City Commission meeting, the City Commission briefly
discussed the current City Commission rule and procedure for the Mayor and each
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Commissioner to place a major initiative on a future City Commission agenda for
consideration. Following the discussion, the City Commission directed that an Agenda Item
be presented to the City Commission in the future to discuss Section 2-27(m)(2) of the
Rules and Procedures.
4. Section 2-27 (m) of the Rules and Procedures generally pertains to the procedure for
handling Reports at the conclusion of each City Commission meeting. In order to
understand the complete context of subsection (m)(2), which the City Commission directed
be placed on this Agenda for discussion, it is helpful to state Section 2-27(m) in its entirety,
as follows:
(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 majorityplace
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 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
Regular 501 PAGE 2 OF 3 - December 10, 2018
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.
(underlined emphasis denotes subsection referenced by the City Commission
on September 10, 2018)
5. Amendments to the City Commission Rules and Procedures codified in the City
Code require that the City Commission adopt an Ordinance by majority vote. Ordinances
require two readings and one advertised public hearing prior to final adoption.
6. The City Commission should review this Agenda Item and provide whatever
direction the City Commission deems appropriate.
FISCAL IMPACT:
There is no direct fiscal impact related to this Agenda Item.
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:
Staff recommends that the City Commission consider the subject matter presented in this
Agenda Item and provide whatever direction the City Commission deems appropriate.
ATTACHMENTS:
Relevant Excerpt of City Commission Minutes, September 10, 2018 - (Please refer to
highlighted text for the most applicable information)
Regular 501 PAGE 3 OF 3 - December 10, 2018
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 13 OF 17
Next, Deputy Mayor Kendrick also mentioned that the recent Florida League of Cities Annual
Conference was a great learning opportunity that offered many benefits for the municipal attendees.
Deputy Mayor Kendrick then recognized Mr. Fields and the Community Development Department for
assisting swiftly with a matter that was of concern to some citizens.
Lastly, Deputy Mayor Kendrick complimented Mr. Shawn Boyle, Director, Finance and Administrative
Services Department, Ms. Balagia, and the Finance and Administrative Services Department; then
commented, "You set the mark high for the rest of, quite frankly, Central Florida and the entire State to
emulate. Our Finance Department is the best."
REPORTS
608. Office of the Mayor - The Honorable Charles Lacey
No Report was given.
PUBLIC INPUT
Mayor Lacey opened "Public Input".
Ms. Joanne M. Krebs, 1002 Taproot Drive, Winter Springs, Florida: remarked about the Petition
Initiative that Commissioner Cannon filed and noted her disappointment, mentioned her attendance at
past City Meetings, her service on City Boards, and pointed out that previous City Commission
Meetings ran very long. Ms. Krebs suggested that the City Commission might want to consider
changing City Commission Meeting start times, spoke of the last City Commission Meeting start time
change, and said that even with the change in previous later starting times, attendance was not much
better. Lastly, Ms. Krebs asked where her "Free Little Library" was.
Mayor Lacey stated, "We will look into it." Mr. Caldwell said he would get with Ms. Krebs.
Mr. Ted Johnson, 1107 Pheasant Circle, Winter Springs, Florida: agreed with Ms. Krebs' comments
about a later City Commission Meeting start time so all residents could attend these meetings.
Mayor Lacey closed "Public Input".
Commissioner Greenberg mentioned his interest in possibly changing the City Commission start time to
6:30 p.m. and suggested an Agenda Item related to this could be included on the next Agenda.
Next, Commissioner Cannon agreed and said that as he had asked before, he hoped the start time of City
Commission meetings would be changed to begin later.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 14 OF 17
Commissioner Greenberg mentioned he thought the Petition Initiative might result in some incorrect
information, and thought it would be wrong to spend thousands of dollars on a Special Election to
handle the points noted in the Petition Initiative.
Next, Commissioner Hays noted that he was in favor of also considering a change.
Commissioner Cannon then referenced the other part of his Petition Initiative which related to one (1)
Commissioner being able to have a matter added to a Commission Agenda.
Further discussion ensued on concerns with adding items onto future Agendas, City Commission
meeting start times should be handled first before other changes are considered, that rules are in place
for a reason, and that the United States' Congress has rules to follow.
Mayor Lacey then spoke on the "proposed" Agenda that is published, and that the City Commission's
first order of business is to approve the Agenda. Comments followed on advising the public as to what
is on an Agenda, and possible Agenda Items on future City Commission Agendas.
RELATED TO SECTION 2-27., "CONSIDERATION OF CHANGING THE MEETING TIME
AND ELIMINATION OF THE THREE (3) COMMISSIONER REQUIREMENT FOR ANY
ELECTED OFFICIAL TO GET SOMETHING ON AN AGENDA." MOTION BY
COMMISSIONER CANNON. SECONDED BY COMMISSIONER HAYS. DISCUSSION
COMMISSIONER HOVEY ASKED TO SEE THE FULL RULES AND PROCEDURES
DOCUMENT AND SUGGESTED THAT REGARDING THE TWO (2) ISSUES REFERENCED
BY COMMISSIONER CANNON, "I THINK IT SHOULD BE TWO (2) DIFFERENT
MOTIONS; AND WE TAKE CARE OF ONE (1) AND THEN WE ADDRESS THE OTHER
ONE AT A FUTURE DATE."
DEPUTY MAYOR KENDRICK STATED, "AGREED. I JUST WANT TO ECHO
COMMISSIONER HOVEY'S RESPONSE. I COMPLETELY AGREE WITH IT."
COMMISSIONER HAYS ALSO AGREED AND STATED, "TWO (2) ISSUES."
COPIES OF ORDINANCE 2016-09 WERE DISTRIBUTED TO THE CITY COMMISSION.
COMMISSIONER GREENBERG NOTED HE WAS INTERESTED IN LOOKING INTO
CHANGING THE CITY COMMISSION MEETING START TIME, SPOKE OF HIS
CONCERN WITH STAFFING, AND HOPED THE RAMIFICATIONS AND ASSOCIATED
COSTS COULD BE PROVIDED TO THE CITY COMMISSION.
CONTINUING, COMMISSIONER GREENBERG SAID HE HAD NOT HAD ANYONE SPEAK
TO HIM ABOUT A COMMISSIONER ADDING AN ITEM TO AN AGENDA."
COMMISSIONER GREENBERG ADDED THAT HE WOULD LIKE TO KNOW "THE
DOLLARS ASSOCIATED WITH IT."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 15 OF 17
MAYOR LACEY THEN SPOKE OF THE MOTION ON THE FLOOR.
"I WILL AMEND MY MOTION ON THE TABLE TO SPECIFY THAT WE PLACE ON A
FUTURE AGENDA, CONSIDERATION OF MODIFICATION OF — 2-27., SPECIFICALLY AS
IT RELATES TO THE MEETING TIME TO BEGIN AT 6:30 RATHER THAN 5:15 -
SECTION 2-27. (k)."
MAYOR LACEY NOTED, "WE HAVE A MOTION TO AMEND THE MOTION. TO
EXPEDITE IT, I WOULD SEEK UNANIMOUS CONSENT TO ACCEPT THE AMENDMENT
TO THE MOTION." DEPUTY MAYOR KENDRICK AND COMMISSIONER HAYS STATED,
"AGREED." MAYOR LACEY THEN REMARKED, "IS THERE ANY OBJECTION TO
ACCEPTING COMMISSIONER CANNON'S AMENDMENT TO THE MOTION?" NO
OBJECTIONS WERE VOICED.
COMMISSIONER HOVEY ALSO MENTIONED THERE WAS AN 8:30 P.M. MEETING END
TIME AND INQUIRED HOW WOULD THAT BE HANDLED IF THE START TIME WERE
CHANGED.
MAYOR LACEY SUGGESTED, "I THINK IT WOULD BE A SUBJECT FOR DEBATE AND
CONSIDERATION WHEN IT COMES BACK ON THE AGENDA."
CONTINUING, MAYOR LACEY POINTED OUT, "SO, IF THERE IS NO OBJECTION THAT
THE ORIGINAL MOTION STANDS AMENDED TO RESTRICT ITS' SCOPE TO THE
MEETING TIMES ONLY.
NOW, WE HAVE THAT MOTION ON THE TABLE IN FRONT OF US. IS THERE
DISCUSSION ON THAT AMENDED MOTION? OKAY. NO DISCUSSION. SECOND FROM
COMMISSIONER GREENBERG."
VOTE: (ON THE MOTION AS AMENDED)
COMMISSIONER HAYS: AYE
COMMISSIONER GREENBERG: AYE
DEPUTY MAYOR KENDRICK: AYE
COMMISSIONER CANNON: AYE
COMMISSIONER HOVEY: AYE
MOTION CARRIED.
Manager Smith noted, "I am bringing back an Agenda Item at the next Meeting or whenever... Mayor
Lacey said, "...The sooner the better, but according to your discretion based upon other business that
you need to schedule for the Commission..." Commissioner Greenberg remarked, "...And the costs
associated with." Manager Smith added, "The subject of that Agenda Item is a discussion on potentially
changing the start time of your Commission meetings and all of the factors that I would deem that would
-be germane to that discussion..." Commissioner Greenberg added "Including an end time."
Mayor Lacey remarked, "I agree with the City Manager's summary of it, of the duties that fall to you."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 10, 2018 PAGE 16 OF 17
"I HAVE A SEPARATE MOTION TO MAKE — THAT WE PLACE ON A FUTURE AGENDA,
A CONSIDERATION OF REVISING - 2-27 (k) (2), - WHICH PRESENTLY REQUIRES A
MAJORITY VOTE OF THE COMMISSION TO PLACE AN INITIATIVE ON A
SUBSEQUENT CITY COMMISSION AGENDA FOR CONSIDERATION." MOTION BY
COMMISSIONER CANNON. SECONDED BY COMMISSIONER HOVEY. DISCUSSION.
COMMISSIONER HOVEY SAID TO COMMISSIONER CANNON, "IT IS OKAY IF IT IS
DOWN THE ROAD A COUPLE OF MEETINGS?" COMMISSIONER CANNON SAID,
"ABSOLUTELY."
WITH FURTHER COMMENTS, COMMISSIONER CANNON NOTED, "IT IS WITHIN THE
DISCRETION OF THE - CITY MANAGER." DISCUSSION ENSUED ON PAST AGENDA
PRACTICES, PREVIOUS CHANGES TO COMMISSION AGENDAS. COMMISSIONER
CANNON COMPLIMENTED MANAGER SMITH ON HOW HE PUTS THE CITY
COMMISSION AGENDA TOGETHER.
DISCUSSION.
MAYOR LACEY SAID, "THE MOTION ON THE TABLE IS TO RECONSIDER 2-27 (k) (2). I
WOULD ASK FOR UNANIMOUS CONSENT BASED UPON THE CONVERSATION HERE
THAT THE MOTION BE AMENDED TO SAY, `TO PUT IT INTO A SECOND PHASE OF
CONSIDERATION SO IT FOLLOWS SEPARATELY FROM THE AGENDA
CONSIDERATION THAT WE JUST HAD PRIOR TO THIS, RELATED TO MEETING
START TIME.' DO I HAVE ANY OBJECTION TO THAT?"
VOTE:
COMMISSIONER GREENBERG: NAY
COMMISSIONER CANNON: AYE
DEPUTY MAYOR KENDRICK: NAY
COMMISSIONER HOVEY: AYE
COMMISSIONER HAYS: AYE
MOTION CARRIED.
Summarizing, Manager Smith said, "This is an item that would be separate and distinct than the
previous start time item..." Mayor Lacey remarked, "...Absolutely." Comments followed that both
issues just discussed would be separate Agenda Items, staggered on different future Agendas.
The City Clerk was asked to email Ordinance 2016-09 to the Mayor and City Commission.
RELATED TO ORDINANCE 2016-09, COMMISSIONER CANNON REFERENCED THE
BOTTOM OF Page 4 AND NOTED (m) (2), NOT (k) (2). COMMISSIONER CANNON THEN
SUGGESTED, "CAN WE BY UNANIMOUS CONSENT JUST MODIFY THAT IT IS (m) (2),
NOT (k)."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING — SEPTEMBER 10, 2018 PAGE 17 OF 17
MAYOR LACEY ASKED THE CITY COMMISSION, "ANY OBJECTION TO MODIFYING
THE PREVIOUS MOTION TO MAKE A CLERICAL CORRECTION TO (k) (2) TO (m) (2)."
DEPUTY MAYOR KENDRICK REMARKED, "NO OBJECTION."
NO OBJECTIONS WERE NOTED.
ADJOURNMENT
Mayor Lacey adjourned the Regular Meeting at 6:22 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, MMC
CITY CLERK
APPROVED:
MAYOR CHARLES LACEY
NOTE: These Minutes were approved at the 1 2018 City Commission Regular Meeting.