Loading...
HomeMy WebLinkAbout2013 09 23 Regular 601 Resolution 2013-29, Modifying Rules and Procedures for Commission Meetings COMMISSION AGENDA Informational Consent ITEM 601 public Hearings g Regular X September 23, 2013 KS Regular Meeting City Manager Department REQUEST: The City Attorney and City Manager request that the City Commission approve Resolution 2013-29 modifying the Rule and Procedures for City Commission meetings, effective October 1, 2013. SYNOPSIS: The City Commission recently updated the Rule and Procedures for City Commission meetings on August 27, 2012 pursuant to Resolution 2012-27. However, the Florida Legislature recently adopted Ch. 2013-227, Laws of Florida, providing that members of the public shall be given a reasonable opportunity to be heard on all propositions before a local government board or committee, with exception to ministerial, emergency, and quasi- judicial matters. The new law applies to all local government board meetings including City Commission meetings. Based on the new law, several modifications to the Rule and Procedures are being recommended in order to maintain orderly and efficient Commission meetings and to comply with the new law. CONSIDERATIONS: 1. The City Commission has previously adopted Resolution 2012-27 setting forth rules and procedures for the conduct of City Commission meetings in order to provide for efficient, effective, and decorous meetings. 2. The Legislature of the State of Florida adopted S.B. 50, codified as Section 286.0114, Florida Statutes, with an effective date of October 1, 2013. 3. Section 286.0114, Florida Statutes, provides that members of the public shall be given Regular 601 PAGE 1 OF 3-September 23,2013 a reasonable opportunity to be heard on a proposition before a board or commission. 4. The legislative history of Section 286.0114, Florida Statutes, provides that it is intended to be consistent with Section 286.011(1), Florida Statutes, which provides that "All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, ... at which official acts are to be taken are declared to be public meetings open to the public at all times...". 5. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the board or commission takes official action on the proposition, if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action. 6. The requirement under Section 286.0114, Florida Statutes, that the public shall be given a reasonable opportunity to be heard does not prohibit a board or commission from maintaining orderly conduct or proper decorum in a public meeting. 7. The opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in Section 286.0114(4), Florida Statutes. 8. The opportunity to be heard requirement does not apply to certain actions of a board or commission, as provided in Section 286.0114(3), Florida Statutes, such as ministerial, emergency and quasi-judicial matters. 9. If a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section. 10. Failure to comply with the new law, could result in a court assessing reasonable attorney's fees against the board or commission found not to be in compliance. The court may also assess reasonable attorney's fees against individuals filing actions against the City of the court finds that the action was filed in bad faith or was frivolous. 11. It is the intent and purpose of this Resolution to modify the City Commission's Rules and Procedures to the extent necessary to bring the rules and procedures in compliance with Section 286.0114, Florida Statutes, and to allow for Commission Agenda Packages to be distributed after 5:00 P.M. on the Wednesday on which they are due if necessary. The effective date of the proposed Resolution coincides with the effective date of the new law on October 1, 2013. FISCAL IMPACT: None. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and Regular 601 PAGE 2 OF 3-September 23,2013 the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney and City Manager recommend approval of Resolution 2013-29, effective October 1, 2013. ATTACHMENTS: 1. Resolution 2013-29 2. Ch. 2013-227, Laws of Florida Regular 601 PAGE 3 OF 3-September 23,2013 RESOLUTION NO. 2013-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RESTATING AND ADOPTING, AS AMENDED, THE RULES AND PROCEDURES FOR CITY COMMISSION MEETINGS IN FURTHERANCE OF COMPLYING WITH SECTION 286.0114, FLORIDA STATUTES AND ENSURING EFFICIENT, EFFECTIVE AND DECOROUS MEETINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the City Commission has previously adopted Resolution 2012-27 setting forth rules and procedures for the conduct of City Commission meetings in order to provide for efficient, effective, and decorous meetings; and WHEREAS, the Legislature of the State of Florida adopted S.B. 50, codified as Section 286.0114,Florida Statutes, with an effective date of October 1, 2013; and WHEREAS,the City Commission desires to modify its rules and procedures to comply with Section 286.0114, Florida Statutes and to modify the distribution requirements for Commission agenda packages; and WHEREAS,for ease of reference, the City Commission also desires to restate these rules and procedures in one comprehensive Resolution; and WHEREAS,the City Commission desires to conduct its business with order and efficiency; 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 Eleventh Circuit Court of Appeals in Rowe v. City of Cocoa,358 F.3d 800 (U.S. I I"Cir. 2004), upheld a city residency restriction permitting the governing body of the city to decline to hear argument at their meetings by persons who were not residents or taxpayers of the city; and City of Winter Springs Resolution No.2013-29 Page 1 of 9 WHEREAS, the Rowe decision also affirmed a city council's ability to establish rules of procedure for council meetings in order to promote orderly and efficient conduct of such meetings; and WHEREAS, this public input provisions set forth in this resolution, although adopted for City of Winter Springs purposes, are substantially similar to the City of Cocoa resolution upheld in the Rowe case; and WHEREAS,the City Commission further desires to establish a Campaign-Free Zone within the City Commission chambers in order to facilitate orderly and efficient meetings;Cleveland v.City of Cocoa Beach,No. 03-16514, 2007 WL 869055 (11 th Cir. Mar. 23, 2007); and WHEREAS,the City Commission deems it to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs that the City Commission have rules of order for the conduct of its business. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Commission Rules. The City Commission hereby adopts the following rules and procedures for conducting City Commission meetings: I. RULES AND PROCEDURE FOR CITY COMMISSION MEETINGS: A. Agenda Packets. Agenda Packets shall be made available to Commissioners 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 distribute the agenda after 5:00 p.m. and may distribute any add-on agenda item(s) after the Agenda has been distributed on Wednesday at-5*00-p.m.._ B. 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 Resolution. (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. City of Winter Springs Resolution No.2013-29 Page 2 of 9 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. Motions which have been seconded may be withdrawn by consensus of the Commission without a formal vote. (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 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 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 Question. Motions to"Call the Question"shall require a second and a minimum 2/3 vote of the Commission. I. 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. II. ADDRESSING THE MAYOR AND CITY COMMISSION. A. Oral Communications. Any person desiring to address the Mayor and City Commission shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative,such person shall also advise the Mayor and City Commission of the name of the person,group,business,or organization being represented. All remarks shall be addressed to the Mayor and City Commission as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or the City Commission. Individual members of the public shall limit their discussion or comments to no more than three(3)minutes. Individuals representing City of Winter Springs Resolution No.2013-29 Page 3 of 9 a group or homeowner's association shall limit their discussion or comments to no more than five (5) minutes. No questions shall be asked of the Mayor or a City Commission member or city official except through the presiding officer. B. Written Communication. Interested persons may address the Mayor and City Commission by written communications in regard to a matter then under discussion. C. Reading Protests. Interested persons may address the Mayor and City Commission by reading of protests, petitions, or other communications related to matters then being considered by the City Commission. D. 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. E. Disruptive Behavior Prohibited. Disruptive behavior by members of the audience including, but not limited to, fighting, yelling, throwing or launching projectiles, audible use of electronic devices, and causing loud noises is strictly prohibited. F. Certain Remarks Prohibited. Obscene or disparaging language, fighting words, or slanderous remarks are strictly prohibited at the City Commission meetings. G. Non-resident and/or Non-taxpayer Restriction. The City Commission,by majority vote,may decline to hear any person who is not a resident or taxpayer of the City, except: 1. When the person is a user of the City's water or sewer system and wishes to be heard on a matter related to the City's sewer and/or water system. 2. When such person is a city employee who wishes to be heard on a matter relating to his/her employment; or 3. When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the City Commission. H. Delegations. Public comment will be included on ev=City Commission agenda. Specifically,at the beginning of each regular,special or workshop meeting City of Winter Springs Resolution No.2013-29 Page 4 of 9 at which the City Commission will take final official action a decision on any proposition,the City Commission will set aside up to thirty minutes of each re ug lar, special or workshop meeting for"delegations"(aka limited public forum)after call to order and any awards and presentations, immediately prior to taking any final official action on any proposition. In addition,at its discretion,the City Commission may set aside up to an additional thirty minutes of each regular,special or workshop meeting for an additional "delegations-."portion of the meeting at the end of each City Commission meeting; Delegations shall be schedtfied at die begitnting(after reports) and end of each City eommission , ubject to other applicable provisions of this Resolution. The purpose of the first delegations portion of the meeting is for any person to be heard on any item on the agenda,except the following items: a. Emergency items, meaning an official act that must be taken to deal with an emergency situation affecting the public health,welfare,or safe if compliance with Section 286.0114,Florida Statutes,would cause an unreasonable delay in the ability of the Commission to act: b. Ministerial items,meaning an official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations. Ministerial items also include motions or questions of parliamentM procedure that do not result in a final official action of an item before the Commission: c. 4uasi-iudicial items: and d. Public hearing items, where public comments are taken elsewhere on the agenda when the item is presented. The purpose is also to allow any_resident or taxpayer of the City to make his/her views known to the City Commission upon any subject of general or public interest. Additionally, a City employee shall be permitted to address the Mayor and City Commission as to matters regarding his/her employment, and a user of the City's sewer or water system shall be permitted to address the City Commission regarding matters related to the City's sewer and/or water system. The second discretionary "delegations" at the end of the meeting shall be for the limited purpose of allowing any resident or taxpayer of the City to make his/her views known to the City Commission upon any subject of general or public interest. Additionally, a City employee shall be permitted to address the Mayor and City Commission as to matters regarding his/her employment, and a user of the City's sewer or water system shall be permitted to address the City Commission regarding matters related to the City's sewer and/or watersystem. City of Winter Springs Resolution No.2013-29 Page 5 of 9 Each person addressing the City Commission during public fbrwn delegations ions shall speak for no more than three (3) minutes and a person representing a group or homeowner's association shall speak for no more than five (5) minutes, unless a lesser or greater time is provided by a majority vote of the City Commission. 1. If it appears that a matter presented by a speaker during delegations is administrative in nature, and the question or matter raised can be adequately answered or addressed by the City's City Manager or administrative staff,the City Commission may request,upon proper motion and majority vote,that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the City Commission, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the City's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the City Commission during the delegations portion of any subsequent City Commission meeting. 2. The City Commission recognizes that delegations is for the purpose of allowing_persons to speak on propositions on the agenda in accordance with limitations and requirements set forth in section 286.0114. Florida Statutes,as well as for purposes of legitimate inquiries and discussion by the public. and Delegations is not for the purpose of advancing arguments or repetitious questions concerning matters which the City Commission believes to be closed which are not propositions requiring final official action of the Commission or not of general public concern. Further, it is not appropriate to readdress quasi-judicial and public hearing items previously addressed by the City Commission at the same meeting. The City Commission shall have the right at any delegations to decline to hear any person or any subject matter upon proper motion and majority vote by the City Commission in accordance with law. I. Public Hearings in General. The City Commission shall hold a public hearing on every proposed ordinance that comes before the City Commission for adoption in accordance with Section 166.041, Florida Statutes,or any procedure of general law that supersedes this provision. 1. The City Commission shall hold a public hearing on any resolution affecting rates and charges for potable water,reuse water,stormwater,sewer services, garbage, and special assessments. City of Winter Springs Resolution No.2013-29 Page 6 of 9 2. All public hearings shall be advertised in a newspaper of general circulation one time in advance of the public hearing,stating the date,time, place, and nature of the public hearing, and the location where further information may be obtained regarding the subject matters to be considered. Advertisements shall comply with the public notice requirements of the Florida Statutes. 3. Further, the proposed ordinance or resolution and notice shall be placed at City Hall for public review in advance of each public hearing. 4. At the public hearing, the city attorney shall read any ordinance or resolution by title or in full,as required by general law or City Charter,for the public record, and provide general background to the item. 5. Members of the public speaking on public hearing items,though entitled to be heard by the City Commission,are not entitled to an immediate response by either administrative staff members or City Commission members once the public hearing is closed;however,commission discussion may or may not include a response. No question by the public should be addressed directly to any member of the administrative staff. b. Public debate by individual speakers from the audience on public hearing agenda items shall be limited to three(3)minutes. Representatives of recognized groups shall be limited to five(5)minutes;and total debate on a single issue shall be limited to thirty (30) minutes. Applicants shall be limited to ten(10)minutes. The City Commission may grant additional time by majority vote of the City Commission if the complexity of the relevant issues raised during the public hearing require additional public debate. The City Commission by majority vote also reserves the right to reduce the time limits to speak if the hour of the Commission meeting is late or a large number of speakers desire to speak. Only one(1)presentation per person per issue shall be allowed. 7. Speakers shall be limited to speak on the subject matter of the public hearing item. The presentation of repetitious questions or information concerning the public hearing item shall not be permitted. 8. It shall be the responsibility of any person deciding to appeal any decision made by the City Commission with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which any such appeal is to be based. Resolution No.2013-29 City of Winter Springs Page 7 of 9 J. Public Comments on Propositions Not on the Agenda. If a proposition is considered by the City Commission at a meeting which is not listed on the agenda, and consideration shall constitute final official City Commission action, then the Mayor will offer the public an opportunit +} to speak to that item before the decision is made. However, if final official City Commission action on the proposition will occur at a subsequent City Commission meeting,the Mayor will offer the public an gpnortunity to speak to that item at the meeting at which the City Commission takes final official action on the proposition subject to the applicable provisions of this Resolution. Under this section,the term"proposition"does not include ministerial, emergency quasi judicial matters as thos a terms are generally defined in Section 2. Il. H above. 4K. Campaign-Free Zone. The City Commission chamber is hereby declared a campaign-free zone and visible campaign materials and speeches shall be prohibited in the chamber during City Commission meetings. Standard size(approximately 2 inches by 4 inches)candidate name badges are permitted. KL.. Enforcement; Order of Removal. The Mayor or the presiding City Commissioner shall enforce the rules adopted under this Article II. Any person in violation of any of the rules shall first be given a warning of the violation. Any subsequent violations shall be cause for removal from the chambers by the Police Chief or his designee for the remainder of the City Commission meeting by order of the Mayor,the presiding City Commissioner or a majority of the City Commission. Notwithstanding, the Mayor, the presiding City Commissioner or a majority of the City Commission may order the immediate removal of any person from the City Commission chambers that poses a threat to property or life safety. Section 3. Severability. If any section, subsection, sentence, clause,phrase, word, or portion 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. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict, including,but not limited to Resolution 2012-27. Section 5. Effective Date. Upon its adoption by the City Commission of the City of Winter Springs, Florida, this Resolution shall become effective October 1, 2013. 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. Resolution No.2013-29 City of Winter Springs Page 8 of 9 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 23'd day of September, 2013. CHARLES LACEY, 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 No.2013-29 City of Winter Springs Page 9 of 9 CHAPTER 2013-227 Committee Substitute for Committee Substitute for Senate Bill No. 50 An act relating to public meetings;creating s. 286.0114,F.S.;defining"board or commission"; requiring that a member of the public be given a reasonable opportunity to be heard by a board or commission before it takes official action on a proposition; providing exceptions; establishing requirements for rules or policies adopted by the board or commission; providing that compliance with the requirements of this section is deemed to have occurred under certain circumstances; providing that a circuit court has jurisdiction to issue an injunction under certain circumstances; authorizing a court to assess reasonable attorney fees in actions filed against a board or commission; providing that an action taken by a board or commission which is found in violation of this section is not void; providing that the act fulfills an important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 286.0114, Florida Statutes, is created to read: 286 01.14 Public meetings, opportunity to be heard; attorney fees.— (1) For purposes of this section, "board or commission" means a board or commission of any state agency or authority or of any agency or authority of a county, municipal corporation, or political subdivision. (2) Members of the public shall be given a reasonable opportunity to be heard on a proposition before a board or commission. The opportunity to be heard need not occur at the same meeting;at which the board or commission takes official action on the proposition if the opportunity occurs at a meeting that is during the decisionmaking process and is within reasonable proximity in time before the meeting at which the board or commission takes the official action This section does not prohibit a board or commission from maintain- ing orderly conduct or proper decorum in a public meeting The opportunity to be heard is subject to rules or policies adopted by the board or commission, as provided in subsection (4). (3) The requirements in subsection (2) do not apply to: (a) An official act that must be taken to deal with an emergency situation affecting the public health welfare or safety, if compliance with the requirements would cause an unreasonable delay in the ability of the board or commission to act: 1 CODING: Words str-ic4en are deletions; words underlined are additions. Ch. 2013-227 LAWS OF FLORIDA Ch. 2013-227 (b) An official act involving no more than a ministerial act, including, but not limited to, approval of minutes and ceremonial proclamations; (c) A meeting that is exempt from s. 286.011; or (d) A meeting during which the board or commission is acting in a quasi- judicial capacity. This paragraph does not affect the right of a person to be heard as otherwise provided by law. (4) Rules or policies of a board or commission which govern the opportunity to be heard are limited to those that: (a) Provide guidelines regarding the amount of time an individual has to address the board or commission; (b) Prescribe procedures for allowing representatives of groups or factions on a proposition to address the board or commission, rather than all members of such groups or factions, at meetings in which a large number of individuals wish to be heard; (c) Prescribe procedures or forms for an individual to use in order to inform the board or commission of a desire to be heard: to indicate his or her support, opposition, or neutrality on a proposition; and to indicate his or her designation of a representative to speak for him or her or his or her group on a proposition if he or she so chooses; or (d) Designate a specified period of time for public comment. (5) If a board or commission adopts rules or policies in compliance with this section and follows such rules or policies when providing an opportunity for members of the public to be heard, the board or commission is deemed to be acting in compliance with this section. (6) A circuit court has jurisdiction to issue an injunction for the purpose of enforcing this section upon the filing of an application for such injunction by a citizen of this state. (7)(a) Whenever an action is filed against a board or commission to enforce this section the court shall assess reasonable attorney fees against such board or commission if the court determines that the defendant to such action acted in violation of this section. The court may assess reasonable attorney fees against the individual filing such an action if the court finds that the action was filed in bad faith or was frivolous. This paragraph does not apply to a state attorney or his or her duly authorized assistants or an officer charged with enforcing this section. (b) Whenever a board or commission appeals a court order that has found the board or commission to have violated this section, and such order is affirmed, the court shall assess reasonable attorney fees for the appeal against such board or commission. 2 CODING: Words strieken are deletions;words underlined are additions. Ch. 2013-227 LAWS OF FLORIDA Ch. 2013-227 (8) An action taken by a board or commission which is found to be in violation of this section is not void as a result of that violation. Section 2. The Legislature finds that a proper and legitimate state purpose is served when members of the public have been given a reasonable opportunity to be heard on a proposition before a board or commission of a state agency or authority, or of an agency or authority of a county,municipal corporation or political subdivision. Therefore, the Legislature determines and declares that this act fulfills an important state interest. Section 3. This act shall take effect October 1, 2013. Approved by the Governor June 28, 2013. Filed in Office Secretary of State June 28, 2013. 3 CODING: Words stFiel£en are deletions; words underlined are additions.