HomeMy WebLinkAbout2021 05 10 Public Hearing 401 - Second 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) • PUBLIC HEARINGS AGENDA ITEM 401
moa d CITY COMMISSION AGENDA I MAY 10, 2021 REGULAR MEETING
1959
TITLE
Second 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.
First Reading of Ordinance 2021-04 was held April 26, 2021 .
This is the Second and Final Reading of the Ordinance.
RECOMMENDATION
Staff requests the City Commission conduct a Second and Final Reading of
Ordinance 2021-04.
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-mikeet 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 II 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 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 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
Page 1 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.
0) 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.
deleg,,t:^„s poftion of the eit�, eommission meeti*g In the order on the agenda approved by the city
commission, *e 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.
City of Winter Springs
Ordinance No.2021-04
Page 3 of 5
4
(3�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 aftd
(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 fieely 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
1
attending the meeting in person will be WILL BE HELD ON
asked to wear a mask and maintain
social distancing. The District fully MONDAY, MAY 10, 2021 AT 6:30
encourages public participation in a P.M. OR SOON THEREAFTER IN
safe and efficient manner in light of the THE COMMISSION CHAMBERS
COVID-19 public health emergency.To LOCATED AT WINTER SPRINGS
that end,the District recommends that CITY HALL 1126 EAST STATE ROAD
any member of the public interested 434 WINTER SPRINGS, FLORIDA.
in listening to and participating in THE CITY COMMISSION RESERVES
the meeting do so remotely by calling THE RIGHT TO POSTPONE OR
1-844-621-3956 and entering Participant CONTINUE THE PUBLIC HEARING
Code:796580192#1. ON THIS ORDINANCE AT THIS
MEETING WITHOUT FURTHER
Any person requiring special NOTICE.
accommodations at these meetings
because of a disability or physical The proposed ordinance may be
impairment should contact the District inspected by interested parties
Manager's Office at least forty-eight between 8 a.m. and 5 p.m., Monday
(48)hours prior to the meeting. If you through Friday, at the City's Clerk's
are hearing or speech impaired,please Office,located at 1126 East State Road
contact the Florida Relay Service by 434, Winter Springs, Florida. For
dialing 7-1-1, or 1-800-955-8771 (TTY) more information call (407) 327-1800,
/ 1-800-955-8770 (Voice), for aid in Extension 253. Interested parties may
contacting the District Manager's appear at the meeting and be heard
Office. with respect to the proposed ordinance.
Persons with disabilities needing
Any person who decides t0 appeal any assistance to participate in any of
decision made by the Committee with these proceedings should contact
respect to any matter considered at the Employee Relations Department
the meeting is advised that the person Coordinator,48 hours in advance of the
will need a record of the proceedings meeting at (407) 327-1800, Extension
and that,accordingly,the person may 236. This is a public hearing. If you
need to ensure that a verbatim record decide to appeal any recommendation/
of the proceedings is made, including decision made by the City Commission
the testimony and evidence upon which with respect to any matter considered
such appeal is to be based. at this meeting,You will need a record
of the proceedings, and for such
Jennifer Walden purposes,you may need to ensure that
District Manager a verbatim record of the proceedings is
OS6933346 4!29/21 made upon which the appeal is based.
Interested parties are advised that
CITY OF WINTER SPRINGS NOTICE OF CITY they may appear at the meeting and
COMMISSION SPRINGS
NOTICE F be heard with respect to the proposed
ordinance.
NOTICE IS HEREBY GIVEN THAT OS6936583 4/29/2021
THE CITY COMMISSION
PROPOSES TO CONSIDER:
NOTICE OF APPLICATION FOR BANK MERGER
ORDINANCE NO.2021-04 Rochelle State Bank, 800 Ashley
Street, Rochelle, Georgia 31079, a
AN ORDINANCE OF THE CITY Georgia banking institution, and ST
COMMISSION OF THE CITY OF AcgCo, Inc.,390 North Orange Avenue,
WINTER SPRINGS, FLORIDA; 23rd Floor, Orlando, Florida 32801,
AMENDING THE CITY OF WINTER a Georgia corporation, have filed a
SPRINGS CODE OF ORDINANCES, Bank Merger Act Application with the
SECTION 2-27 REGARDING Federal Deposit Insurance Corporation
CITY COMMISSION RULES AND and the Georgia Department of
PROCEDURES; PROVIDING Banking and Finance for approval
AMENDMENTS RELATED TO to complete the merger of ST AcgCo,
AGENDA ITEMS AND REPORTS; Inc.,with and into Rochelle State Bank.
PROVIDING FOR THE REPEAL It is contemplated that all branches
OF PRIOR INCONSISTENT of Rochelle State Bank will remain
ORDINANCES AND RESOLUTIONS; open and continue to be operated
INCORPORATION INTO THE as branches of Rochelle State Bank
CODE; SEVERABILITY AND AN following the proposed merger.
EFFECTIVE DATE. Any person wishing to comment on
this application may file his or her
PUBLIC HEARING comments in writing with the regional
FOR SECOND READING director of the Federal Deposit
WILL BE HELD ON Insurance Corporation at its Atlanta
Regional Office located at Ten 10th
MONDAY, MAY 10, 2021 AT 6:30 Street N.W.,Suite 800,Atlanta,Georgia
P.M. OR SOON THEREAFTER IN 30309,or with the Georgia Department
THE COMMISSION CHAMBERS of Banking and Finance,located at 2990
LOCATED AT WINTER SPRINGS Brandywine Road, Suite 200, Atlanta,
CITY HALL 1126 EAST STATE ROAD Georgia 303041, in each case not later
434 WINTER SPRINGS, FLORIDA. than May 14,2021.The nonconfidential
THE CITY COMMISSION RESERVES portions of the application are on file
THE RIGHT TO POSTPONE OR at the FDIC Atlanta Regional Office
CONTINUE THE PUBLIC HEARING and are available for public inspection
ON THIS ORDINANCE AT THIS during regular business hours.
MEETING WITHOUT FURTHER Photocopies of the nonconfidential
NOTICE, portion of the application file will be
made available upon request.
The proposed ordinance may be
inspected by interested parties OS6929647 4/14,4/29,5/9/21
between 8 a.m. and 5 p.m., Monday
through Friday, at the City's Clerk's
Office,located atEast State Road
434, Winter Springs, Florida. For �
more information call (407) 327-1800,
Extension 253. Interested parties may
appear at the meeting and be heard
with respect to the proposed ordinance.
Persons with disabilities needing Merchandise
assistance t0 participate in any Of
these proceedings should contact
the Employee Relations Department
Coordinator,48 hours in advance of the
meeting at (407) 327-1800, Extension Merchandise236. This is a public hearing. If you
decide to appeal a recommendation/decision
��
decision made by the City Commission
with respect to any matter considered
at this meeting,you will need a record
of the proceedings, and for such BUYING COSTUME JEWELRY, ANTIQUES,
purposes,you may need to ensure that COLLECTIBLES,OLD COINS&OLD TOYS
a verbatim record of the proceedings is Please call: 407-257-5421.Thank you
made upon which the appeal is based.
Interested parties are advised that
they may appear at the meeting and •
be heard with respect to the proposed
ordinance.
056936589 4/29/2021 -
CITY OF WINTER SPRINGS NOTICE OF CITY ORLANDO
COMMISSION PUBLIC HEARING Estate Sale-household goods,
NOTICE IS HEREBY GIVEN THAT furniture&tools!7533 Sugarbend Dr,
THE CITY COMMISSION 32819.Thurs 4/29&Fri 4/30 8am-5pm.
PROPOSES TO CONSIDER: Please wear a face mask.
ORDINANCE NO.2021-03
ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA,
AMENDING THE EXISTING SOLID
WASTE FRANCHISE AGREEMENT Transporbdion
WITH WASTE PRO OF FLORIDA,
INC., A FLORIDA CORPORATION,
TO EXTEND THE TERM OF THE
AGREEMENT FIVE(5)YEARS WITH
UP TO THREE(3)ADDITIONAL ONE
YEAR RENEWALS; PROVIDING Autos Wanted
FOR SEVERABILITY AND AN
EFFECTIVE DATE. WANTED:I BUYALL RVS&CAMPERS -
$$$$TOP$$$PAID; CASH ON THE
PUBLIC HEARING SPOT CALL OR TEXT JOHN 954-
FOR SECOND READING 895-0643