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HomeMy WebLinkAbout2021 04 26 Public Hearing 401 - First Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2-27 regarding City Commission Rules And Procedures (New Business Section) • PUBLIC HEARINGS AGENDA ITEM 401 d CITY COMMISSION AGENDA I APRIL 26, 2021 REGULAR MEETING 1959 TITLE First Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2-27 regarding City Commission Rules And Procedures; Providing amendments related to agenda items and reports; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. SUMMARY During the April 12, 2021 City Commission Meeting, the City Commission proposed the inclusion of a standing item on the City Commission's Regular Agenda which would allow for a discussion of"New Business." The City Attorney advised that changes to the Rules and Procedures (Section 2-27 of the City Code) would be necessary and an Ordinance would be drafted and presented to the City Commission. Ordinance 2021-04 establishes a New Business section to be included on all agendas allowing the Mayor, any City Commissioner, the City Manager, or City Attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the City Commission. This Ordinance also makes modifications to the description and purpose of Reports resulting from the New Business section being added to allow new items to be presented for discussion and direction. As such, reports will no longer be the appropriate place to bring up new non-agenda items for discussion and direction by the city commission. This is the First Reading of Ordinance 2021-04. RECOMMENDATION Staff requests the City Commission conduct a First Reading of Ordinance 2021-04 Amending the City of Winter Springs Code of Ordinances, Section 2- 27 regarding City Commission Rules And Procedures; Providing amendments related to agenda items and reports; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. 1 ORDINANCE NO. 2021-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 2-27 REGARDING CITY COMMISSION RULES AND PROCEDURES; PROVIDING AMENDMENTS RELATED TO AGENDA ITEMS AND REPORTS; 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, Article IV, Section 4.13 of the City Charter provides that the City Commission shall meet regularly at least once every month at such times and places as the Commission may prescribe by rule; and WHEREAS, pursuant to the requirements of the City Charter, the City Commission has established rules and procedures codified under Section 2-27 of the City Code; and WHEREAS, the City Commission desires to modify Section 2-27 of the City Code related to agenda items and reports. 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 2-27 of the City Code is hereby amended as follows (underlined type indicates additions and str-ikeat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 2-27. It is intended that the text in Section 2-27 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): 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 subsection 4.13(b) of the City Charter which provides that the city commission shall determine its own rules and order of business. The rules and procedures adopted under this article II are intended to be supplemental and in addition to other applicable provisions of law. To the extent that any provision of these rules and procedures is in conflict with the City Charter, state or federal law, the conflicting provisions of the City Charter, state or federal law shall prevail and apply. The rules and procedures adopted by the city commission shall not be construed or interpreted in any way to limit the broad powers vested in the city commission under the City Charter, article VIII, section 2(b) of the state constitution, the Florida Municipal Home Rule Powers Act, and other applicable law. City of Winter Springs Ordinance No.2021-04 Pagel of 5 2 (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. The mayor or any city commissioner shall have the right to have a matter placed on the regular agenda for timely consideration and action by the city commission. 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; New Business Section. W 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. (2) Unless otherwise determined by the city commission, each regular agenda shall have a New Business section, in the order on the agenda approved by the city commission, which allows the mayor, any city commissioner, city manager or city attorney an opportunity to raise, if necessary, new issues not on the agenda that require discussion and potential future direction by the city commission. The New Business section shall not be used to present items requiring prior public notice or hearing, for reports allowed under subsection (m), or be used as a substitute for timely placing items on the agenda prior to the agenda packet being distributed or as an add-on item as required by subsection (b). The city commission will not take final action on any new business item that is considered a major initiative and/or initiative that would ordinarily require significant city staff research. Persons introducing new business items are encouraged to provide background information regarding the item prior to or at the meeting in the same manner as permitted for reports under subsection(m)(4). (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 (2) 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. City of Winter Springs Ordinance No.2021-04 Page 2 of 5 3 (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. (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 (2) 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. (j) Call the question. Motions to "call the question" shall require a second and a minimum two- thirds (2/3) vote of the commission. (k) Starting time of meetings. Regular city commission meetings shall be scheduled to commence at 6:30 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 tke eonelusion of etaek eitc, C-6eeti l$rto—airy=-additional deleg,tioils pe-tioi of toe eity eemmission eeti-ng In the order on the agenda approved by the city commission, the each 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, important events of City interest 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 or give direction on an item. Such items should be placed elsewhere on the agenda for action or direction. (2) The MY 60fflffliSSi0fl Will RE4 take fiffal aetieft aii afl-y fRajef initiati;�es andlef initiatives that City of Winter Springs Ordinance No.2021-04 Page 3 of 5 4 (9�2) 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 awareness or attention ffftd (43) 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. (7�4) 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--5) Reporting individuals may also present their report items in writing to be distributed at the meeting. 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 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. [Adoption page follows] City of Winter Springs Ordinance No.2021-04 Page 4 of 5 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of May, 2021. 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.2021-04 Page 5 of 5 6