HomeMy WebLinkAbout2003 01 27 Consent F Resolution 2003-06 Amend the City Rules and Procedures
COMMISSION AGENDA
ITEM F
Consent X
Informational
Public Hearing
Regular
January 27.2003
Meeting
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Mgr. /
Att. /
Dept.
REQUEST:
The City Attorney presents Resolution No. 2003-06 to the City Commission for approval. The
Resolution memorializes the previous discussion of the City Commission to amend the City
Commission's Rules and Procedures.
PURPOSE:
To amend and restate, in their entirety, the Rules and Procedures of the City Commission.
APPLICABLE LAW AND PUBLIC POLICY:
1. City Charter, Section 4. 13(b).
CONSIDERA TIONS:
1. City Charter, Section 4. 13 (b), authorizes the City Commission to adopt rules for conducting
City business.
2. Unless otherwise directed by local, state, or federal law, it is within the City Commission's
purview to adopt its own rules and procedures.
Page I of 3
3. Resolution No. 2003-06 repeals Resolution No. 908 and amends the Commission's rules
contained in Resolution No. 908 as follows:
a. OLD: "The Commission shall hold Workshop Meetings, 5:00 P.M. to 6:30 P.M.,
prior to each Commission Meeting for a trial period of two months, beginning
October 25, 1999 to be re-evaluated at the end of that time"
is being eliminated in its entirety.
b. OLD: "Agenda Packets shall be made available to Commissioners no later than
Wednesday prior to the Commission Meeting."
is being amended to read as follows:
A. Agenda Packets. Agenda Packets shall be made available to Commissioners
no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however,
when absolutely necessary or in the event of an emergency, the City Manager may
distribute the Agenda Packets or any agenda item(s) after Wednesday at 5:00 p.m.
c. OLD: "There shall be no limit as to the amount of time a Commissioner may speak"
is being amended to read as follows:
G. Time Limits. 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 speak on an agenda item, each Commissioner
and the Mayor shall be given an additional five (5) minutes to speak on an agenda
item, provided no Commissioner or the Mayor shall be given more than a total often
(10) minutes to speak on an agenda item unless additional time is approved by
majority vote of the City Commission.
d. OLD: "Commission Meetings shall be adjourned at 11 :00 P.M., however, they may
be extended in one-hour increments by a super majority vote."
and
OLD: "Regardless of the time, Adjournment shall require a motion, second and a
majority vote."
are being consolidated into one section and amended to read as follows:
Page 2 of 3
L. Time of Adjournment. Unless sooner adjourned by majority vote of the
City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.m.
However, by super majority vote of the City Commission, a Commission meeting may
be extended beyond 11 :00 p.rn. in time increments or to handle any specific agenda
item(s).
e. All other rules contained in Resolution No. 908 have been restated in Resolution No.
2003-06 with no amendments, except the addition of headings, which have been
added for convenience.
STAFF RECOMMENDATION:
The City Attorney presents Resolution 2003-06 for the City Commission's consideration.
ATTACHMENT:
Resolution 2003-06.
COMMISSION ACTION:
On November 11, 2002, the City Commission directed that the City Commission's Rules and
Procedures be amended as set forth herein.
F:\Docs\City of Winter Springs\Agenda\Agenda.F.Rules _Procedures.wpd
Page 3 of 3
RESOLUTION NO. 2003-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REPEALING
RESOLUTION NO. 908 AND AMENDING AND RESTATING
IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR
THE CONDUCT OF ANY COMMISSION MEETINGS,
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City
Commission") desires to conduct its business with order and efficiency; and
WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the
City Commission recognizes the need to adopt rules and procedures to conduct City business; and
WHEREAS, the City Commission desires to amend its rules and procedures set forth in
Resolution 908; and
WHEREAS, the City Commission also desires to restate herein the rules and procedures of
the City Commission as amended; and
WHEREAS, the City Commission has found it necessary to periodically review its practices
to provide guidelines for the most expedient and efficient business practices in the City; and
WHEREAS, the City Commission deems it to be in the best interests of the health, safety,
and welfare of the citizens of the City that the City Commission have rules of order for the conduct
of its business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
resolution.
RECITALS. The foregoing recitals are affirmed and incorporated as part of this
Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted
for City Commission meetings:
A. Agenda Packets. Agenda Packets shall be made available to Commissioners
no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however,
when absolutely necessary or in the event of an emergency, the City Manager may
distribute the Agenda Packets or any agenda item(s) after Wednesday at 5:00 p.m.
Resolution 2003-06
City of Winter Springs
Page 1 of 3
B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying
foundation" for the conduct of Commission meetings. (Robert's Rules of Order may
be suspended by a majority vote.)
C. Consent Agenda. Any Commissioner may request that a Consent Agenda
Item be held for separate consideration.
D. 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.
E. Motions Belong to Commission. Motions, once made, and seconded,
belong to the Commission, not the individual making the original Motion.
(Amendments need not be accepted by the Maker of the Motion.)
F. Parliamentary Procedure. All Motions shall be considered in accordance
with the Chart J, Ranking Order and Chart II, Motions in the "Parliamentary
Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates).
G. Time Limits. 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 speak on an agenda item, each Commissioner
and the Mayor shall be given an additional five (5) minutes to speak on an agenda
item, provided no Commissioner or the Mayor shall be given more than a total often
(10) minutes to speak on an agenda item unless additional time is approved by
majority vote of the City Commission.
H. Call the Question. Motions to "Call the Question" shall require a second
and a vote.
I. Mayor Enforce Time Limits. The Mayor shall strongly enforce the
directives of the Commission relative to disruptive members of the audience and time
limits on Public Input
J. Commissioners Call Attention to Disruptive Behavior. Members of the
Commission may call the Mayor's attention to disruptive behavior by members ofthe
audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall
issue a warning to those individuals.
K. Mayor Give Warning. The Mayor shall give disruptive members of the
audience a (one) warning. If these individuals commit further disruptions, the Police
Resolution 2003-06
City of Winter Springs
Page 2 of 3
Chief shall escort them out of the Commission Chamber for the remainder of the
meeting.
L. Time of Adiournment. Unless sooner adjourned by majority vote of the
City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.ffi.
However, by super majority vote of the City Commission, a Commission meeting may
be extended beyond 11 :00 p,m. in time increments or to handle any specific agenda
item(s).
Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this
resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
whether for substantive or procedural reasons, 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
resolution.
Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908
and all prior inconsistent resolutions adopted by the City Commission are hereby repealed.
Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon
passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of
the Rules and Procedures contained in this resolution shall not have any adverse effect on any final
decision made by a majority vote of the City Commission.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this _ day of 2003.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
Resolution 2003-06
City of Winter Springs
Page 3 of 3
BROWN, WARD, SALZMAN & WEISS, P.A.
Attomrys at Law
Usher L. Brown ·
Suzanne D'AgrestaD
Anthony A. GarganeseD
Gary S. Salzmano
John H. Ward ·
Jeffrey S. Weiss
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb
Jeffrey P. Buak
Todd K Norman
John U. Biedenharn, Jr.
Joseph E. Blitch
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
.Board Certified Civil Trial Lawyer
oBoard Certified Business Litigation Lawyer
oBoard Certified City, County & Local Government Law
January 28, 2003
I Erin J. O'Leary
\''1;" ..,~~ Of Counsel
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Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Resolution 2003-06 I Rules and Procedures
City of Winter Springs - General #1193
Dear Andrea:
Enclosed is' the' original Resolution No, 2003-06 for your and the Mayor's
signatures. Upon full execution of the resolution, please substitute this resolution in the
Commission's Rules and Procedures located on the Commission Chambers dais and
provide a signed copy to me for my file.
If you have any questions, please do not hesitate to contact our offices.
Anthony A Garganese
City Attorney
AAG:jf
Enclosure
Original Resolution No. 2003-06
225 East Robinson Street, Suite 660. P.O. Box 2873. Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
RESOLUTION NO. 2003-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REPEALING
RESOLUTION NO. 908 AND AMENDING AND RESTA TING
IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR
THE CONDUCT OF ANY COMMISSION MEETINGS,
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE /
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AN;LD
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs Florida, ("City
Commission") desires to conduct its business with order and efficiency; an~
WHEREAS, in order to effectuate order and efficiency at City Co mission meetings, the
City Commission recognizes the need to adopt rules and procedures to co duct City business; and
WHEREAS, the City Commission desires to amend its rules nd procedures set forth in
Resolution 908; and
WHEREAS, the City Commission also desires to restate h rein the rules and procedures of
the City Commission as amended; and
WHEREAS, the City Commission has found it necess ry to periodically review its practices
to provide guidelines for the most expedient and efficient b siness practices in the City; and
WHEREAS, the City Commission deems it to e in the best interests of the health, safety,
and welfare of the citizens of the City that the City Co mission have rules of order for the conduct
of its business.
NOW, THEREFORE, BE IT RESOL ED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOL COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
resolution.
RECITALS. The forego' g recitals are affirmed and incorporated as part of this
Section 2. RULES AND PROC URES. The following rules and procedures are adopted
for City Commission meetings:
A. A enda Pa ets. Agenda Packets shall be made available to Commissioners
no later than Wed esday at 5:00 p.m. prior to the Commission meeting; however,
when absolutely n cessary or in the event of an emergency, the City Manager may
I
distribute any adcl-on agenda item(s) after Wednesday at 5:00 p.m.
I Resolution 2003-06
City of Winter Springs
Page 1 of 3
B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying
foundation" for the conduct of Commission meetings. (Robert's Rules of Order may
be suspended by a majority vote.)
C. Consent Agenda. Any Commissioner may request that a Consent Agenda
Item be held for separate consideration. /" .
D. Motions. No Motion shall be recognized by
Commissioners and the City Manager have had an opportunity
Item.
. e Chair until all
address that Agenda
E. Motions Belong to Commission. Motions, nce made, and seconded,
belong to the Commission, not the individual king the original Motion.
(Amendments need not be accepted by the Maker 0 the Motion.)
F. Parliamentary Procedure. All Motio s shall be considered in accordance
with the Chart 1, Ranking Order and Cha . II, Motions in the "Parliamentary
Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates).
G. Time Limits. Unless otherwi e approved by a majority vote of the City
Commission, each Commissioner and e Mayor shall be given a maximum offive (5)
minutes to initially speak on an ~~en rteffi:-c each Commissioner and the Mayor
have been afforded the op ort 1 to speak on an a enda item, each Commissioner
and the Mayor shall be IV a additional five (5) inutes to speak on an agenda
item.
H. Call the
and a vote.
Motions to "Call the Question" shall require a second
J. Co issioners Call Attention to Disru tive Behavior. Members of the
Commissi n may call the Mayor's attention to disruptive behavior by members of the
audienc , if the Mayor fails to notice the behavior. In such event, the Mayor shall
issue a arning to those individuals.
K. Mayor Give Warning. The Mayor shall give disruptive members of the
;X ience a (one) warning. If these individuals commit further disruptions, the Police
l~ief shall escort them out of the Commission Chamber for the remainder of the
/meeting.
I
Resolution 2003-06
Cily of Winter Springs
Page 2 of 3
L. Time of Adiournment. Unless sooner adjourned by majority vote of the
City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.m.
However, by super majority vote of the City Commission, a Commission meeting may
be extended beyond 11 :00 p.m. in time increments or to handle any specific agenda
item(s).
Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this
resolution is for any reason held invalid or unconstitutional by a COUlt of competent jurisdiction,
whether for substantive or procedural reasons, 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
resolution.
Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908
and all prior inconsistent resolutions adopted by the City Commission are hereby repealed.
Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon
passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
Section 6. LIMITA TIONS. The failure of the City Commission or Mayor to abide by any of
the Rules and Procedures contained in this resolution shall not have any adverse effect on any final
decision made by a majority vote of the City Commission.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this _ day of 2003.
ATTEST:
ANDREA LO
O-LUACES, City Clerk
as to legal form and sufficiency for
'nter Springs only:
ANTHONY A. GARGANESE, City Attorney
Resolution 2003-06
City of Winter Springs
Page 3 of 3
I
RESOLUTION NO. 2003-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, REPEALING
RESOLUTION NO. 908 AND AMENDING AND RESTATING
IN THEIR ENTIRETY THE RULES AND PROCEDURES FOR
THE CONDUCT OF ANY COMMISSION MEETINGS,
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, ("City
Commission") desires to conduct its business with order and efficiency; and
WHEREAS, in order to effectuate order and efficiency at City Commission meetings, the
City Commission recognizes the need to adopt rules and procedures to conduct City business; and
WHEREAS, the City Commission desires to amend its rules and procedures set forth in
Resolution 908; and
WHEREAS, the City Commission also desires to restate herein the rules and procedures of
the City Commission as amended; and
WHEREAS, the City Commission has found it necessary to periodically review its practices
to provide guidelines for the most expedient and efficient business practices in the City; and
WHEREAS, the City Commission deems it to be in the best interests of the health, safety,
and welfare of the citizens of the City that the City Commission have rules of order for the conduct
of its business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1.
resolution.
RECITALS. The foregoing recitals are affirmed and incorporated as part of this
Section 2. RULES AND PROCEDURES. The following rules and procedures are adopted
for City Commission meetings:
A. Agenda Packets. Agenda Packets shall be made available to Commissioners
no later than Wednesday at 5:00 p.m. prior to the Commission meeting; however,
when absolutely necessary or in the event of an emergency, the City Manager may
distribute any add-on agenda item(s) after Wednesday at 5:00 p.m.
Resolution 2003-06
City of Winter Springs
Page 1 of 3
~
B. Robert's Rules of Order. Robert's Rules of Order shall be the "underlying
foundation" for the conduct of Commission meetings. (Robert's Rules of Order may
be suspended by a majority vote.)
C. Consent Agenda. Any Commissioner may request that a Consent Agenda
Item be held for separate consideration.
D. 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.
E. Motions Belong to Commission. Motions, once made, and seconded,
belong to the Commission, not the individual making the original Motion.
(Amendments need not be accepted by the Maker of the Motion.)
F. Parliamentary Procedure. All Motions shall be considered in accordance
with the Chart 1, Ranking Order and Chart 11, Motions in the "Parliamentary
Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates).
G. Time Limits. 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.
H. Call the Ouestion. Motions to "Call the Question" shall require a second
and a vote.
I. Mayor Enforce Time Limits. The Mayor shall strongly enforce the
directives of the Commission relative to disruptive members of the audience and time
limits on Public Input.
J. Commissioners Call Attention to Disruptive Behavior. Members of the
Commission may call the Mayor's attention to disruptive behavior by members ofthe
audience, if the Mayor fails to notice the behavior. In such event, the Mayor shall
issue a warning to those individuals.
K. Mayor Give Warning. The Mayor shall give disruptive members of the
audience a (one) warning. If these individuals commit further disruptions, the Police
Chief shall escort them out of the Commission Chamber for the remainder of the
meeting.
Resolution 2003-06
City of Winter Springs
Page 2 of 3
"'-.
....
L. Time of Adjournment. Unless sooner adjourned by majority vote of the
City Commission, the Mayor shall adjourn the Commission meeting at 11 :00 p.ffi.
However, by super majority vote of the City Commission, a Commission meeting may
be extended beyond 11 :00 p.ffi. in time increments or to handle any specific agenda
item(s).
Section 3. SEVERABILITY. If any section, clause, phrase, word, or provision of this
resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
whether for substantive or procedural reasons, 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
resolution.
Section 4. REPEAL OF PRIOR INCONSISTENT RESOLUTIONS. Resolution No. 908
and all prior inconsistent resolutions adopted by the City Commission are hereby repealed.
Section 5. EFFECTIVE DATE. This resolution shall become effective immediately upon
passage by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
Section 6. LIMITATIONS. The failure of the City Commission or Mayor to abide by any of
the Rules and Procedures contained in this resolution shall not have any adverse effect on any final
decision made by a majority vote of the City Commission.
DONE AND ADOPTED in regular session of the City Commission of the City of Winter
Springs, Florida, this 27th day of January 2003
s to legal form and sufficiency for
. ter Springs only:
ANTHONY A. GARGANESE, City Attorney
Resolution 2003-06
City of Winter Springs
Page 3 of 3