HomeMy WebLinkAbout2023 02 27 Public Hearing 400 - Second Reading of Ordinance 2023-01 Repealing the Provisions of Chapter 2 Which Provide For a Set Time of Adjournment for Meetings of the City Commission • PUBLIC HEARINGS AGENDA ITEM 400
,n m=ared CITY COMMISSION AGENDA I FEBRUARY 27, 2023 REGULAR MEETING
1959
TITLE
Second Reading of Ordinance 2023-01 Repealing the Provisions of Chapter 2
Which Provide For a Set Time of Adjournment for Meetings of the City
Commission
SUMMARY
The City Commission discussed the Rules and Procedures at the January 23,
2023 Regular Meeting and voted to remove Section 2-27(I) related to the time
of adjournment for meetings. Currently Section 2-27(I) states, "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."
Ordinance 2023-01, as presented, would amend Chapter 2, Article II, Section
2-27 of the City of Winter Springs Code of Ordinances to strike Section 2-27(I)
in its entirety in order to instead allow for meetings to continue with no pre-
set adjournment time.
RECOMMENDATION
Staff recommends the Commission conduct Second Reading of Ordinance
2023-01 .
276
ORDINANCE NO. 2023-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 2 OF THE CITY OF WINTER SPRINGS CODE
OF ORDINANCES; REPEALING THE PROVISIONS OF
CHAPTER 2 WHICH PROVIDE FOR A SET TIME OF
ADJOURNMENT FOR MEETINGS OF THE CITY
COMMISSION;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. III of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS,the City Commission finds that amending Chapter 2,Article II, Section 2-27
of the City of Winter Springs Code of Ordinances to strike Section 2-27(o in its entirety in order
to instead allow for meetings to continue with no pre-set adjournment time will allow for greater
public participation in City affairs and will foster full and comprehensive discussion of agenda
items by the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
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 this reference.
Section 2. Amendment to Chapter 2,Administration. The City of Winter
Springs Code,Chapter 2,Administration,is hereby amended as follows: (underlined type indicates
additions to the City Code and seetype indicates deletions,while asterisks (* * *)indicate a
deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to the adoption of this Ordinance):
* * *
Chapter 2 —Administration
City of Winter Springs
Ordinance No. 2023-01
Page 1 of 3
277
ARTICLE II. —CITY COMMISSION
Sec. 2-27. —Rules and procedures of the city commission—Generally.
(1) Time of adjournment. Reserved.
.
a eemmissf id 10i00 p.m.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
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
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of )2023.
KEVIN McCANN,Mayor
City of Winter Springs
Ordinance No. 2023-01
Page 2 of 3
278
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:
Effective Date:
City of Winter Springs
Ordinance No. 2023-01
Page 3 of 3
279
NOTICE OF PUBLIC HEARING CITY OF WINTER
SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION PROPOSE
TO CONSIDER THE FOLLOWING:
ORDINANCE 2023-01
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 2 OF THE
CITY OF WINTER SPRINGS CODE
OF ORDINANCES; REPEALING
THE PROVISIONS OF CHAPTER
2 WHICH PROVIDE FOR A
SET TIME OF ADJOURNMENT
FOR MEETINGS OF THE CITY
COMMISSION; PROVIDING
FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY,
AND AN EFFECTIVE DATE
CITY COMMISSION SECOND
READING/ADOPTION PUBLIC
HEARING WILL BE HELD ON
MONDAY, FEBRUARY 27, 2023 AT
6:30 P.M. OR SOON THEREAFTER
IN THE COMMISSION CHAMBERS
LOCATED AT WINTER SPRINGS
CITY HALL 1126 EAST STATE ROAD
434 WINTER SPRINGS,FLORIDA
THE CITY COMMISSION RESERVES
THE RIGHT TO POSTPONE OR
CONTINUE THE PUBLIC HEARING
ON THIS ORDINANCE AT THIS
MEETING WITHOUT FURTHER
NOTICE.
The proposed ordinance may be
obtained by interested parties between
8 a.m. and 5 p.m., Monday through
Friday, from the office of the City
Clerk, located at 1126 E. SR 434,
Winter Springs, Florida. For more
information, call (407) 327-1800 4237.
Persons with disabilities needing
assistance to participate in any of
these proceedings should contact
the Employee Relations Department
Coordinator,48 hours in advance of the
meeting at(407) 327-1800,4236.This is
a public hearing.Interested parties are
advised that they may appear at the
meeting and be heard with respect to
the proposed ordinance. If you decide
to appeal any recommendation or
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
purposes,you may need to ensure that
a verbatim record of the proceedings is
made upon which the appeal is based.
2/16/23 7378400