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HomeMy WebLinkAbout2022 03 28 Public Hearing 402 - Second Reading Ordinance No. 2022-03 Clarifying & Amending City Commission Rules of Conduct + , PUBLIC HEARINGS AGENDA ITEM 402 CITY COMMISSION AGENDA I MARCH 28, 2022 REGULAR MEETING TITLE Adopt on Second Reading Ordinance No. 2022-03 clarifying and amending the City Commission Rules of Conduct SUMMARY At the City Commission meeting on January 24, 2022, the City Commission under new business requested the City Attorney to review the City Commission Code of Conduct and propose an ordinance clarifying that it is not intended to prohibit the Mayor and City Commissioners from exercising their right to freedom of speech and expression. The Ordinance proposes to add a provision explicitly recognizing such rules of conduct were not intended to abrogate, limit, or interfere with the freedom of speech or expression enjoyed by the Mayor or any City Commissioner under the Florida and United States Constitutions, and the right of the City Commission, as a governing body, to communicate its position on any issue or matter in accordance with law. During First Reading, the City Commission also directed that two other clarifications be made to the Code of Conduct related to Section 2-29 (2) and (4) which have been made to the Ordinance. First Reading was held February 28, 2022. Legal Ad ran on March 16, 2022. RECOMMENDATION Staff recommends the Commission adopt Ordinance No. 2022-03 on Second Reading. 1 ORDINANCE NO. 2022-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; CLARIFYING AND AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-29 REGARDING CITY COMMISSION ADDITIONAL RULES OF CONDUCT; 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to clarify and amend Section 2-29 of the City Code regarding City Commission additional rules of conduct by wordsmithing, and correcting a typographical error in, several subsections and explicitly recognizing such rules of conduct were not intended to abrogate, limit, or interfere with the freedom of speech or expression enjoyed by the Mayor or any City Commissioner under the Florida and United States Constitutions, and the right of the City Commission, as a governing body, to communicate its position on any issue or matter in accordance with law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. Code Amendment. Section 2-29 of the City Code is hereby amended as follows (underlined type indicates additions and stfikeetrt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-29. It is intended that the text in Section 2-29 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): See. 2-29. Additional rules of conduct. (a) The mayor and city commissioners shall adhere to the following additional rules of conduct: (2) 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 state 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 city commissioners not acting as a governing body by majority vote. City of Winter Springs Ordinance No. 2022-03 Page 1 of 3 2 (4) 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 others including, but not limited to, the mayor, fellow commissioners, city manager, city attorney, staff, citizens of the city, and city utility customers. (11) 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. 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 generally 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 city's risk management program (vi) information concerning the plans, intentions, or interests of a private entity to locate-d, 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. The rules of conduct shall not be construed or inte!Treted in any way to abrogate, limit, or interfere with the freedom of speech or expression enjoyed by the Mayor or any City Commissioner under the Constitutions of Florida and United States. Neither shall the rules of conduct be construed or interpreted in any way to abrogate, limit, or interfere with the City Commission's right, as a governing body, to communicate its position on any issue or matter in accordance with law. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts or 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 City of Winter Springs Ordinance No. 2022-03 Page 2 of 3 3 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 upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of March, 2022. Kevin McCann,Mayor ATTEST: Christian Gowan, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Legal Ad: Second Reading: City of Winter Springs Ordinance No. 2022-03 Page 3 of 3 4 Orlando Sentinel I Section 1 1 Wednesday,March 16,2022 13 LegalNoCices Additional Public Notices can be found online at classifieds.orlandosentinel.com and floridapublicnotices.com . NOTICE UNDER FICTITIOUS NAME REQUESTFOR QUALIFICATIONS RFP#3522-01 .-I Ci1Y of Zephymillsis acepting aled 1111111 to RFQ# 35-22-01: r TO WHOM IT MAY CONCERN: grand Research and Development FTA M Notice is hereby given that the Professional Services. BID NOTICES untleY signed pursuant to the Due Date FrldaY—April 29,2022—2 The orange county Board of COUnty "Ficti}i0 us Nome Statute, Chapter PM Commissioners soliciting bids(IFB865.09,Florida Statutes,will register goods) and services, Pocoolns (RFPs)tion afar with the Division of Ca rporations, Professional seris irucI nterested Department of State, State of https://www.bidn¢}tlirec}.c1m/ Part,,, mat obtain,documents and Florida upon receipt of this notice, Bid documents may be downloaded subscribe to notifications at www.ocfl. The fictitious name,to-wit: from Bid Net Direct, ,tips:// eUd recurement. RATE LENDING w .b i d n e td1 rec t.co m/florida/ Far a smstance, it Procurernent@ 'tyofzephyrhills. Registration m fl.net or call 407-636-5635. under which (I am) (we are) FREE.All Pro i act documentations and Mar.2,9,16,23,30,2022 7136158 engaged in business at 3940 N addendamswill be available at this RAVENSWOOD,CHICAGO,IL 60613 location. If is the sole responsibility ! That the(party)(parties)interested of all'nterested parties to ensure the Fictiltious in said business enterprise is as receipt of any addendams. follows: ADDITIONAL INFORMATIONName : GUARANTEED RATE,INC. Please send your inquiry via email to 3940 CAGO,Orange Karen Miller, l l NOTICE UNDER FICTITIOUS NAME Dated at CH INR YENS ODD Couniv, Purchasing Agent at kmiller� tri .1 publishing Florida,03/15/2022 Phvrhills.fLue L IJ IJ TO WHOM IT MAY CONCERN: 3/02/20227160831 , Notice is hereby given that the OR G7170500 3/16/1022 recrultmcnt scrvlccs under signed Pursuant to the NOTICE OFPUBLICNEARINGCRYOFWINTER "Ficiiiio Ue Name Statute, Chaplet SPRINGS NOTICE IS HE RL BY GIVEN THAT R65.09,Florida Statutes,will register THE CITY COMMISSION with the Division of Corporations, PROPOSE TO CCNSIDER THE Department of State, State Of FOLLOWING: Florida upon receipt of this notice. LECAL NOTICE The fictitious name,to-wit: Synovus Bank,Columbus,GA intends ORDINANCE 2022-03 EMERALDGROVEAPA4582 S.S to apply 10 the rat al Reserve Beard YOUR for permission t1 establish a branch at AN ORDINANCE OF THE CITY under which (I am) (we are) 7859 West State Road 434,Longwood,FL CO MISSION OF THE CITY OF engaged in business at 4582 S.Ulster numb The Federal Reserve considers a WINTER SPRINGS, FLORIDA; Street Pkwy.,S}e.1200 Denver,CO umber of factors in deciding whether CLARIFYING AND AMENDING THE 80237 That the ('2" nverties) }o approve the ppli<a}i1n including CITY OF WINTER SPRINGS CODE the record of performance of app,icon} interested in said business enlerpYise banks in Uelping to meet local credit OF ORDINANCES, SECTION 2-29 is as follows: needs. REGARDING CITY COMMISSION PERFECT GPAI GROVE,LLC ADDITIONAL RULES OF CONDUCT; Vou a e invited to submit comment, PROVIDING FOR THE REPEAL in 45825.Ulster Street Pavy.,Ste.120D Denver, riling on this ppli<atiln it the OF PRIOR INCONSISTENT C080237 Federal Reserve Bank f Atlanta, ORDINANCES AND RESOLUTIONS; Dated at Orlando ,Orange County, 1000 Peachtree Street N.E., Atlanta, INCORPORATION INTO THE Florida,3/11/2022 Georgia 30309-4470. The comment CODE; SEVERABILI TV AND AN ORG71697D3 3/16/2022 petted w'll net e d before Me rch EFFECTIVE DATE. 31,2022. The Board's procedures for CITY COMMISSION SECOND Processing applications may be found READING/ADOPTION PUBLIC NOTICE UNDER FICTITIOUS NAME at C.F.R.Pars 262.Procedures for HEARING WILL BE HELD ON procc essing protested applications may MONDAY, MARCH 26,2022 AT 6:30 TO WHOM IT MAY CONCERN: be found a112 C.F.R.262.25.To obtain P.M. OR SOON THEREAFTER IN Notice is hereby given that the a copy of the Federal Reserve Boalrod'e THE COMMISSION CHAMBERS procedures, if van d under Signed PU rsount to the information about how to submit Your LOCATED AT WINTER SPRINGS qRF- "Fictitious Name Statute, Chapter comments on the application,contact CITYHALL 1126 EAST STATE ROAD 865.09,Florida Statutes,will register Er en Terry,Assistant Vice President, 434 WINTER SPRINGS,FLORIDA with the Divi Sion of CarparatianS, w'(404)498-7106.Th¢Federal Reserve THE CITY COMMISSION RESERVES IS W wmll co mtler your comments and any DePaYtment of State, State of ,quest for public meeting or formal THE RIGHT TO POSTPONE OR Florida upon receipt of this notice. hearing on the application if r e3/are CONTINUE THE PUBLIC HEARING The fico thous name,to-wit: received in iting by the Reserve ON THIS ORDINANCE AT THIS ASCENDVISION PARTNERS Bank on or before the last day of the MEETING WITHOUT FURTHER under which (I qrn) (we are) tperiltl. NOTICE. engaged in business a1 1911 N.Mills 3/16/2022 7166187 The proposed ordinance may be Ave. Orlando, FL 32803 That the obtained by interested Parties between (party) (parties)interested in Said LEGAL NOTICE 8 a.m. d 5 p.m.,Monday shrough business enterprise is ds follows: IN THE THI RTVFOURTH JUDICIAL Friday, from the office E. SIR Cit Stop wasting time searching for talent. CIRCUIT COURT IN AND FOR Clerk, located at 1126 E. SR 434, SOUTNEASTERNEYECARE OGEMAW COUNTY,MICHIGAN Winter Springs, Florida. For Find the right talent with tribune publishing MANAGEMENT LLCL N.Mills Ave. formation, call (407) 327-taoo xzng Qrlandp,FLg.ran CASE NUMBER 21-65191 JOS IN Persons ,e disabilities needing Dated at Orlando,Orange County RE:THE MARRIAGE OF:JOSEPH ',,stance to participate in dnY of recruitment services. Florida,3/14/2022 Pe}foneer/ Husband_ and ANNE ihALD esE r.a mPloYeed,Relations uDeparpo t ORG716972D 3/16/2022 LYNNE KERN Respondent/Wife. Coordinator,48 hours in advance of the ,-ting at(407)327-1800,4236.This is NOTICE UNDER FICTITIOUS NAME NOTICE OF HEARING AND aPublic hearing.Interested Parties are MOTION FOR ENTRY 1 DEFAULT advised that they may appear respect the We work hard to make your talent search easy. JUDGEMENT FOR DI$$OLVTI ,,sing and be heard wisharate TO WHOM IT MAY CONCERN: OF MARRIAGE To: ANNE LYNNE the proposed ordinance.If You decide Not ice is IT given that the KERN 917 E FOURTH AVE, to appeal any c dation or With our expansive network of distinguished Under smgned Pursuant to the MOUNT DORA, FL 32757 AND 5580 decision made by the Ci1Y Commission "Fictitious Name Statute, Chapter GULFSTEAM $T, TAVARES, FL, ithrespec}}oanymtterconsidered print and online publications and their 32778. YOU ARE NOTIFIED that at this meeting,You will n ed a record 665.09,Florida Statutes,will Yegistar complaint nt for divorce has been filed of the proceedings, and for sac with }he Division of Corporations, `gains}you and that you a paired Purposes,you m v d to ensure chat Department of State, state of ?oserveacopvofyourwrittendefense, averbotimrecordoftheProceed,ngsis respective reach and readership you'll have Florida upon receiP}of}his no}ica. f ant,t1 it o Joseph Oswald 854 N de upon which the appeal is based. The fictlti ous name,to-wit: Morrison Rd.West Branch,MI 48661, 3/16/2022 7162205 r before 3/15/2022 and file the access to top talent from coast—to—coast. MAC Funding Capital orig nal with the clerk of 34th Judicial MANUFACTUPo NG EQUIPMENT AUCTION under which N pm) (we are) Court 1 806 W Houghton Ave, West Online Only—Bidding Closes April N engaged in business at 3674 Branch, MI 48661 before s v c on lot Okeechobee Circle Ste 1 That the BetitiondY r rammedIntelY therafter. Circle Redmont in Melbourne, FL IYouf agai st 1o,. default m y Plus, enjoy advanced job matching and ad (patty) (Parties)interested in said ter=_d gains} you. Copies of II s selling everything to the highest business enterprise is q5 follows: co rt documents in this case,including bidder! Ennovy Enterprises,LLC der,,or ailableo t the Clerk of Metal fab quip., Welders, Concrete targeting technology, access print and digital 36740keechabee Circle Stel the Circuit Court's ffice. You av r these documents Upon quest. Equip., Glass Block Inver tory, Dated at CasselbeYYy, Seminole Filedwl/14/2022 CLERIC OF THE 34th Forklifts,CNC Router,RoboticW-Ider, advertising opportunities, career fairs and more. County,Florida,03/14/2022 CIRCUIT COURT. Truck,Tractor,Tools,&much more! rEM1699NI 3/16/2022 3/02 3/09 3/16/2022 7160503 View the catalog and bid now @ wo r eY a uctloneers.co m Auctioneer Penny Worley Extend your reach. 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