HomeMy WebLinkAboutResolution 2015-29 City Commission Rules and ProceduresRESOLUTION NO. 2015 -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 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 2015 -10 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 City Commission desires to modify and update its rules and procedure; 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 necessaryto 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
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, the City Commission also desires to afford the public an opportunity to be
heard on matters coming before the City Commission for final action in accordance with the
provisions of Florida law; and
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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 (1 lth 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 (underlined text are additions and
strikeon text are deletions):
RULES AND PROCEDURE FOR CITY COMMISSION MEETINGS
I. GENERAL:
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.
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.
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 shall only be permitted by
members of the Commission. Motions, once made, and seconded, belong to the
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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 11, Motions in the "Parliamentary
Procedure Basics for Governmental Bodies" (Third Edition, Agenda Associates).
G. Time Limits.
(1) . 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.
(2) 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 the report section of the agenda as permitted by
Section K.
H. Call the Question. Motions to "Call the Question" shall require a second
and a minimum 2/3 vote of the Commission.
I. Starting Time of Meetings. Regular City Commission meetings shall be
scheduled to commence at 6+0 5:15 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) hours notice to the Mayor, City Manager,
City Clerk, City Attorney and each member of the City Commission.
J. 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.
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Resolution No. 2015 -29
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K. Reports. At the conclusion of each City Commission meeting prior to any
additional delegations portion of the City Commission meeting, the agenda will set
aside a time period for reports. 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, 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 on major initiatives and/or initiatives that would ordinarily require
significant City staff research before final action is taken by the City Commission.
The City Commission will not take final action on any such initiative presented under
reports, but may, at its discretion and by majority vote, place such initiative on a
subsequent City Commission agenda for consideration. In addition, 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 attention
and to also present pending miscellaneous matters requiring expedient direction from
the City Commission prior to the next regularly scheduled City Commission meeting.
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
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.
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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 every City Commission
agenda. Specifically, at the beginning of each regular, special or workshop meeting
at which the City Commission will take final official action on any proposition, the
City Commission will set aside up to thirty minutes of each regular, 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 subject 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 safety, if compliance with
Section 286.0114, Florida Statutes, would cause an unreasonable delay in the ability
of the Commission to act;
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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 parliamentary procedure that
do not result in a final official action of an item before the Commission;
c. _ Quasi-judicial 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 water system.
Each person addressing the City Commission during delegations 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.
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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. 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.
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.
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6. 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.
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 opportunity 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
opportunity 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 and quasi - judicial matters as those terms are generally defined in Section
2. IL H above.
K. 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.
L. Enforcement; Order of Removal. The Mayor or the presiding City
Commissioner shall enforce the rules adopted under this Article IL 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
Resolution No. 2015 -29
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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 2015 -10.
Section 5. Effective Date. This Resolution shall take effect immediatelyupon adoption.
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.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a special
meeting assembled on this 14th day of December, 2015.
CHARLES A Y, Mayor
AfTF,ST:
ANIiC�??EPJt,O- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City �,f * ter Springs only:
A THONY . GARGANESE, City Attorney
Resolution No. 2015 -29
City of Winter Springs
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