Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04-11-2022 City Council Study Session Agenda (2)
City Council Study Session Community Wellness Special F ocus Area April 11, 2022 - 5:30 P M City Hall Council Chambers and Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .P UB L I C PA RT I C I PAT I O N A .P ublic P articipation The A uburn City Council Meeting scheduled for Monday, A pril 11, 2022 at 5:30 p.m. will be held in person and virtually. Virtual Participation L ink: To attend the meeting virtually please click one of the below links, enter the meeting I D into the Zoom app, or call into the meeting at the phone number listed below. T he link to the Virtual Meeting is: Zoom: https://us06web.zoom.us/j/88132630980 The public can also view the meeting on YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To join the meeting by phone, please use the below call-in information: 253 215 8782 888 475 4499 (Toll F ree) Webinar I D: 881 3263 0980 B .Roll Call I I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS I V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Resolution No. 5658 (Tate)(5 Minutes) A Resolution expressing intent to explore annexation of certain real property located within the City of K ent, commonly referred to as T he B ridges, pursuant to R C W 35.10.217 B .J urassic P arliament Training (Mayor/Council)(3 Hours) Page 1 of 49 V.C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS V I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 49 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5658 (Tate)(5 Minutes) Date: March 29, 2022 Department: City Attorney Attachments: Res olution No. 5658 Exhibit A - Map of Property Bridges Overview Memo Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Resolution No. 5658 expresses the City of Auburn’s intent to explore annexation of the Bridges property, which is currently within the City of Kent’s corporate boundaries, but surrounded entirely by the City of Auburn. Background Summary: The subject property of this resolution, commonly referred to as the Bridges, is located within the corporate boundaries of Kent, but surrounded entirely by the City of Auburn. Over the years, community members have expressed an interest in the de-annexation by Kent, and annexation by Auburn. This resolution gives the City of Auburn the authority to formally explore community interest by asking members of the Living at Bridges Homeowners Association, along with other stakeholders, whether they support annexation, with the results reported back to the City Council. Additionally, the cities of Auburn and Kent would work together to ensure that the Bridges infrastructure meets appropriate regulatory requirements and maintenance standards, including those that effect the undeveloped portions of the property. Rev iewed by Council Committees: Councilmember:Mulenga Staff:Comeau Meeting Date:April 11, 2022 Item Number: Page 3 of 49 -------------------------------- Resolution No. 5658 March 14, 2022 Page 1 of 3 Rev. 2019 RESOLUTION NO. 5658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, EXPRESSING INTENT TO EXPLORE ANNEXATION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF KENT, COMMONLY REFERRED TO AS THE BRIDGES, PURSUANT TO RCW 35.10.217 WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city on its own initiative by resolution to indicate its desire to be annexed to a city in whole or in part, which annexation shall become effective upon the adoption of a resolution by the other city concurring in the annexation; and WHEREAS, the Subject Property, commonly referred to as the “Bridges,” is a community located on Lea Hill and within the City of Kent’s municipal limits, but surrounded entirely by the City of Auburn, as shown on attached Exhibit A; and WHEREAS, some community members have expressed an interest in the de-annexation of the Subject Property from Kent and annexation of the Subject Property to Auburn, which is consistent with discussions that have occurred between the cities of Kent and Auburn since 2019; and WHEREAS, the cities of Auburn and Kent have been, and will continue, working collaboratively to ensure that the Bridges infrastructure meets appropriate regulatory requirements and maintenance standards if the property is annexed to Auburn; and WHEREAS, some portions of the Subject Property remain undeveloped, which is cause to consider transferring regulatory and infrastructure authority and responsibilities to the City of Auburn given that the Bridges is surrounded by Auburn residents; and Page 4 of 49 -------------------------------- Resolution No. 5658 March 14, 2022 Page 2 of 3 Rev. 2019 WHEREAS, the City Council desires for representatives from the cities of Auburn and Kent to formally explore community interest by asking the Living at Bridges Homeowners Association, along with other stakeholders, whether members support annexation of the Subject Property to Auburn, with the results to be reported to each respective City Council; and WHEREAS, the cities of Auburn and Kent commit to coordinate and cooperate with respect to any issues affecting the cities related to annexation/de-annexation, as well as collaborate on all information and communication shared with the public; and WHEREAS, contemporaneous with the Auburn City Council’s consideration of this Resolution, the City of Kent is considering this same expression of intent to explore annexation/de- annexation because of the mutual benefits to both cities and their common infrastructure needs; and WHEREAS, in the event that de-annexation and annexation move forward, the cities will follow the resolution process set forth in RCW 35.10.217. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Auburn City Council directs City Staff to explore community interest in the de-annexation of the Subject Property from Kent and annexation to Auburn, with the results to be reported to the City Council. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Page 5 of 49 -------------------------------- Resolution No. 5658 March 14, 2022 Page 3 of 3 Rev. 2019 Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 6 of 49 Page 7 of 49 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 3, 2022 Re: Bridges Overview Bridges – General Description The Bridges is a community located on Lea Hill that is within the municipal limits of the City of Kent but entirely surrounding by the City of Auburn. It is identified in the below map. Vicinity Map Page 77 of 80Page 8 of 49 Overview of parcel layout 2017 Aerial Image The City of Kent annexed this area in 1987, prior to the City of Auburn’s annexation of Lea Hill in 2008. Prior to Auburn’s annexation The Bridges was simply a portion of Kent that was not contiguous to its city boundaries. Auburn’s annexation of Lea Hill is the action that created this island of Kent surrounded by Auburn. Bridges – Overview The Bridges community is defined as a Planned Unit Development (PUD) that includes 386 single family residential lots, 55.87 acres of open space and active recreation space, and a 13.21 acre yet to be developed area that allows for an assisted living facility, retail, commercial and office uses. Of the 386 single family residential lots, there only remain 2 to 3 dozen undeveloped properties. The community includes 9 access tracts, 4 sensitive area tracts, 3 detention pond tracts, 21 landscape tracts, 8 recreation tracts, and 2 open space tracts. 49.67 acre open space tract 6.20 acre open space tract Page 78 of 80Page 9 of 49 The Bridges community receives sewer service from the City of Auburn and water service from the City of Kent. The community also receives direct police service from the City of Kent and fire service from Puget Sound Regional Fire Authority (although mutual aid agreements exist that might result in a response by the Auburn Police Department or Valley Regional Fire Authority). Annexation Discussion When viewing a map of the City it is commonly asked why there is an island within Auburn, why this island is part of the City of Kent, and why the island isn’t simply annexed into Auburn in order to eliminate this anomaly. In early 2019 the City of Kent and City of Auburn began discussing the merits of annexing the Bridges community into the City of Auburn. This discussion expanded to also include representatives of Oakpointe, the owner of the yet to be developed 13.21 acre southeast corner of the community that is currently designated for a future mix of non-residential activity. There are a number of moving parts associated with this kind of conversation, several of which will be brought forward to City Council for future presentation, discussion and potential action. These include: Future development concepts related to the yet to be developed property owned by Oakpointe and whether the uses allowed under the Kent PUD are appropriate for Auburn. Determining the development standards that would apply within the PUD given that it was approved in Kent and Auburn’s rules are different. Understanding this matter will help define vesting rules, the process to change the standards and/or the PUD in the future, and how to memorialize these details within City code. Understanding the management needs and requirements for the open space tract. The open space tract was dedicated to the City of Kent which means that an annexation would transfer the property to the City of Auburn. While open space is generally intended to remain undisturbed there are times when dangerous trees need to be removed, invasive weeds eradicated, garbage from illegal dumping to be picked up, etc. Evaluation of the condition of infrastructure within the PUD. This evaluation includes a look at the physical condition of public roads, sidewalks, bridges, signage, street lights, storm ponds, public landscaping and open space, etc. It also includes a review of inspection records related to storm water facilities, bridge infrastructure, and roadway infrastructure etc. Engagement with the residents who currently live within this community. What is the impact to their property taxes, utility bills, police/fire service, voting districts, etc.? Defining the annexation process. State and County laws adequately define a process where unincorporated land is annexed into a city. The laws also acknowledge that annexation may occur from one city to another, however this isn’t an action that occurs very frequently. Defining how to transfer assets including paper and digital records, land and infrastructure, inspection and permit records, etc. Post annexation actions that are necessary. For example, all street signs within the Bridges include a City of Kent graphic. The City of Auburn would want street signs swapped out in order to remove this graphic. As discussions progress and there is a greater understanding of the impacts, pros and cons, process, and potential future conditions of the yet to be developed property, staff will continue to engage the Auburn City Council in order to ensure that Council is in the best position possible to Page 79 of 80Page 10 of 49 make informed annexation decisions. One of the next likely actions is for both cities to enter into an agreement that declares both cities sincere interest in advancing the idea of annexation through both city councils and the affected residents. Page 80 of 80Page 11 of 49 AGENDA BILL APPROVAL FORM Agenda Subject: Jurassic Parliament Training (Mayor/Council)(3 Hours) Date: April 6, 2022 Department: City Council Attachments: Jurassic Parliament Training Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Background for Motion: Background Summary: Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:April 11, 2022 Item Number: Page 12 of 49 1 Great City Council Meetings Ann G. Macfarlane, Professional Registered Parliamentarian Jurassic Parliament City of Auburn Washington By videoconference Monday, April 11, 2022 Our topics I. Introduction II. Meeting discussion, Point of Order, Appeal III. How to do this? IV. Motions and Amendments V. Who’s in charge? VI. Public comment VII. The right kind of control VIII. Conclusion 2 I. Introduction Why are we here? To equip you to run effective meetings to serve your community 3 After taking this training you will be able to: 1. Describe how the authority of the group is more important than any single individual, even the chair. 2. Follow best practices for discussion. 3. Respond to disorder and difficult people. 4. Make Motions and Amendments. 5. Run effective public comment sessions. 4 Disclaimer The material contained in this presentation is based upon the principles and practices of parliamentary procedure. I am not an attorney and nothing in this presentation constitutes legal advice. 5 Call meeting to order •Sit in the chair reserved for the person running the meeting. •Rap the gavel lightly one time and announce, “This meeting of the Dinopolis City Council is called to order.” •Lead the Pledge of Allegiance. •Ask the clerk to take the roll. •Announce that a quorum is present (or not). 6 1 2 3 4 5 6 Page 13 of 49 2 Quorum •The “quorum” is the minimum number of voting members who must be present for business to be done. •Usually it is a majority (more than half) of the members in office—the members who are actually serving on the council. •“Quorum” is different from “votes cast.” •If you lose your quorum, you can’t do business. 7 Serial meeting •Local government bodies must not create a “walking quorum” or a “serial meeting.” •When members of the body talk or email with each other outside of meetings, such that a quorum is discussing the body’s business, the Open Public Meetings Act has been violated. •You can talk to other people, as long as the number is less than a quorum. 8 Agenda •Prepared by leadership, but within control of council (subject to notice requirements, of course). •Robert’s Rules says that if you follow the standard “Order of Business,” you don’t need to vote to adopt an agenda. •However, many bodies do vote. Takes a majority vote to adopt, and a 2/3 vote to change later in the meeting. 9 Simplified Standard Order of Business •Approval of minutes •Officers’ remarks and reports •Committee reports •Unfinished business (not “old” business) •New business (if your city includes this) 10 The City Council desires to provide adequate time for administration and staff analysis, fact finding, and preparation. Except in extraordinary or unusual circumstances, all items that are not routine in nature shall, when presented, include a completed Council agenda bill. City of SeaTac Administrative Procedures 11 Regular agenda/consent agenda Question: What’s the difference between the regular agenda and the consent agenda? •The regular agenda lays out the items to be taken up at a particular meeting. •It follows your “Order of Business.” •The agenda may include, as a single item, “Adoption of the consent agenda.” 12 7 8 9 10 11 12 Page 14 of 49 3 Consent agenda •A “consent agenda” lists items that are expected not to be controversial. •If any member requests that an item be removed from the consent agenda, it is done on request. •The item is then placed at its proper place in the regular agenda. 13 Consent agenda •The consent agenda CANNOT BE DISCUSSED OR DEBATED. •It is adopted with a single vote. •The minutes must list all the items that were approved. 14 Don’t include reports in consent agenda •It is fine to include vouchers and minutes on the consent agenda. •The consent agenda should NOT include informational financial reports or reports from advisory or outside bodies. •These can be noted as “received for filing.” 15 WHY? •A vote to APPROVE, ADOPT or ACCEPT a report means that the body accepts the report and its recommendations in their entirety. 16 II. Meeting discussion, Point of Order, and Appeal 17 Principle of Equality All members have equal rights, privileges and obligations. 18 13 14 15 16 17 18 Page 15 of 49 4 Key Point Discussion in council meetings IS NOT A CONVERSATION. It is DEBATE and has its own rules. 19 Fundamental guideline No one may speak a second time until everyone who wishes to do so has spoken once. 20 Why don’t we follow this? •Councils tend to discuss their affairs in conversational mode. •In conversations, dominant people tend to dominate. •Agreeable people tend to let them. •Must have a structure to make sure that everyone has an equal chance to speak. •This is both fair and efficient. 21 Equity and inclusion •This rule is also the best way to ensure that each person has an equal voice. •The system is formal but inclusive. •It will make for robust discussion and advance your equity goals. 22 Point of Order flying dinosaur •When ANOTHER MEMBER breaks one of the rules, a member may make a POINT OF ORDER. •Chair rules on the point. Point of Order flying dinosaur 24 19 20 21 22 23 24 Page 16 of 49 5 •A motion claiming that a procedural mistake has been made. •According to Robert, can be made only by a member. •We recommend that key staff be authorized also. •Public may not raise a Point of Order. Point of Order 25 •You can make this at any time, except during voting. •Do not have to be recognized. •May interrupt a speaker if necessary. •Must be timely – made at the time of the offense. Point of Order 26 1. Member: Point of Order! 2. Chair: State your point. 3. Member: That remark breaks our rule against interrupting. 4. Chair: The point is well taken. Members will refrain from interrupting each other. Process Point of Order 27 •Use the “third person” to keep things neutral and lessen conflict. •Note that the chair states the general rule. •The chair is speaking on behalf of the rules of procedure. •DO NOT SAY “You are out of order” or “You made a mistake.” Language tip 28 •If a councilmember has trouble explaining what the Point of Order is about, you can ask: What rule has been broken? If someone is confused… 29 When in doubt, ask the group! •Chair can always ask the group to decide if a Point of Order is correct (“well-taken”) or not. 30 25 26 27 28 29 30 Page 17 of 49 6 •Member A: That statement is just a bunch of baloney! •Member B: Point of Order! •Chair: State your point. •Member B: The word “baloney” is insulting! •Chair: The chair is in doubt and will ask the group to decide. 31 •Chair: All those who believe that the word “baloney” is insulting, please say “aye.” •Members in favor: Aye! •Chair: All those who believe it is not insulting, please say “no!” •Members opposed: No! •Chair: The ayes have it, the word baloney is insulting and may not be used,OR The noes have it, the word baloney is not insulting and may be used. 32 •The chair has the duty of maintaining order and decorum, so doesn’t need to say “Point of Order.” •Just needs to take appropriate action. Chair doesn’t have to say “Point of Order” 33 Chair subject to same rules •If the chair breaks one of the rules, a member may raise a Point of Order. •The chair rules on own behavior, which seems odd, but is the way the system works. 34 •Make a Point of Order if a rule has been broken. •DO NOT make a Point of Order because you think someone has made a factual mistake, or you disagree with what they said. •Speak about that when it is your turn to discuss. Why make a Point of Order? 35 No further discussion •Once the chair has ruled on a Point of Order, the only allowable form of discussion is to appeal the ruling. 36 31 32 33 34 35 36 Page 18 of 49 7 Appeal The most important motion in all of Robert’s Rules – and the least known! 37 •The CHAIR enforces order and decorum. •The GROUP is the final authority. •Any TWO MEMBERS can appeal a ruling of the chair (one member appeals and one seconds the appeal). •EXCEPTION: If the ruling is a matter on which there cannot be two reasonable interpretations, the ruling cannot be appealed. Chair’s rulings can be appealed 38 Any member shall have the right to challenge any action or ruling of the Mayor, in which case the decision of the majority shall govern. City of SeaTac Administrative Procedures A simple way to appeal 39 III. How to do this? •Seek recognition before speaking. •No one may speak a second time until everyone who wishes to do so has spoken once. •No interrupting (in general) •No sidebar conversations. •Set time limits. •Courtesy and respect are required. 41 Seeking recognition •Raise your hand and wait to speak until the presider (chair) calls your name, nods at you, or gives some other sign that you have permission to speak (you “have the floor”) •Online, you can use the “raise hand” function or raise your physical hand. •For Zoom on the telephone, press *9 (star nine). 42 37 38 39 40 41 42 Page 19 of 49 8 Duty to remain silent •When you have not been recognized, you have a duty to remain silent. •The exception is a Point of Order when essential. 43 Fundamental guideline No one may speak a second time until everyone who wishes to do so has spoken once. 45 NO CROSS TALK BETWEEN COUNCILMEMBERS! 46 HOW to do this? •Chair can keep track of who has spoken and who wishes to speak, using a chart. •Chair can empower vice-chair to do this – good training for them. 47 43 44 45 46 47 48 Page 20 of 49 9 A great method – the “round robin” •The chair goes around the table, asking each person in turn for their opinion. People may pass and speak at the end. •Important to have a pencil in hand, to jot down points or questions for when your turn arrives. •Chair must wait their turn also! •This rule applies to questions and answers also, and to discussions with staff. •Don’t let any two people “hijack” the meeting. 49 Interrupting •When a member has the floor, they have the right to speak until they have completed their comments. •Members may not interrupt each other. •Chair may interrupt members when necessary to bring them to order. •Members may interrupt to make a Point of Order when essential. 50 No sidebars or texting •No “sidebar conversations” •No whispering! •No texting to each other or people outside during meetings. •No posting on social media during meetings. 51 Keep your camera on •Unless technical considerations prevent it, all councilmembers should keep their camera on while participating online. •Otherwise you are “lurking,” observing your colleagues without yourself being observed. •This is disturbing and creates an unpleasant emotional imbalance. 52 Frustrating •Structuring discussion in these ways can be frustrating. •Councilmembers sometimes say, “I wish we could just hash it out and have a free-form discussion.” •The Open Meetings Act, and the press of time, mean that usually, this won’t serve your council well. •However… 53 An occasional exception… •Sometimes there is benefit in the conversational style or “informal discussion.” •It can be useful at study sessions (Committee of the Whole), or in committee meetings. •Chair must ensure that no one dominates. •Do not make the conversational style your ordinary or “default” style of discussion. 54 49 50 51 52 53 54 Page 21 of 49 10 It is the duty of the chair… To expedite business in every way compatible with the rights of members. Robert’s Rules of Order Newly Revised, 12th edition 47:7 (7) 55 Set time limits •Jurassic Parliament recommends that councils set estimated times for agenda items. •We recommend time limits on individual councilmember speeches – 3 or 5 minutes. •Time limits cannot be debated. •They can be suspended or changed by a two- thirds vote without debate. 56 57 Fundamental guideline Courtesy and respect towards everyone are required. 58 These remarks are inappropriate 1. Personal remarks about other members (except for conflict of interest) 2. Discourteous remarks – insulting language, attacks 3. Inflammatory language 4. Criticizing past actions of the group (unless subject is under discussion, or member is about to propose to amend or rescind the action at the end of their speech) 5. Remarks that are not germane (relevant) to the discussion 59 55 56 57 58 59 60 Page 22 of 49 11 Personal remarks The measure, not the member, is the subject of debate…The moment the chair hears such words as “fraud,” “liar,” or “lie” used about a member in debate, he must act immediately and decisively to correct the matter and prevent its repetition. Robert’s Rules of Order Newly Revised, 12th edition, Section 43:21 61 Note that this is proprietary information. Do not duplicate. The focus of our meeting is… •Words on paper. •Focus on the motions and not on the people who make the motions. •We recommend that councilmembers take this approach outside the meeting also. •Focus on actions taken and do not criticize colleagues outside the meeting. 63 Who decides? •If any question arises whether a remark is appropriate or not, or a comment is germane, the chair rules, subject to appeal. •The chair may also turn immediately to the group to ask the members to decide. •Ultimately it is the GROUP’S CALL. 64 Important note •We are speaking here about discussion within council meetings. •These prohibitions DO NOT APPLY to the public when they are giving public comment. 65 61 62 63 64 65 66 Page 23 of 49 12 IV. Motions and Amendments 67 Main Motion Tyrannosaurus rex •A main motion is the usual and customary way to start the action of discussion and decision-making. •For small boards (up to about 12 people), it is OK to have discussion before a motion is moved. Jurassic Parliament recommends moving the motion before discussing it whenever possible. 68 Main Motion Tyrannosaurus rex Main Motion We recommend this sequence: •Staff presents proposal in writing and answers any questions. Each councilmember may ask one or two questions, then the next member has a turn. •Motion is moved and seconded. •Members discuss motion and may amend it. •Members vote on motion. 70 Draft motions •It is perfectly fine to include proposed or “draft” motions in an agenda. •This can be very helpful in advancing the work of the body. •The body is not obliged to take them up. •Someone must “move” the motion – propose it – for the body to consider it. 71 When can you make a new motion? 1) If the agenda contains a draft motion in an agenda bill, you can move it at the proper time. 2) You can make a motion spontaneously when a subject is being discussed, if it is germane. 3) You can make a motion spontaneously under “New Business,” if your council includes that heading in its agenda. 72 67 68 69 70 71 72 Page 24 of 49 13 •The City Council desires to provide adequate time for administration and staff analysis, fact finding, and preparation. •Except in extraordinary or unusual circumstances, all items that are not routine in nature shall, when presented, include a completed Council agenda bill. City of SeaTac Administrative Procedures 73 Characteristics of Main Motion •It should be in writing if at all possible (project on screen, use 3-part form). •It should be clear and unambiguous. Don’t say, “I move what he just said,” or “so moved.” •It should be phrased in the grammatical positive. •It must comply with the bylaws and the procedural law of the land. •You can have only one main motion at a time. 74 Fundamental guideline One thing at a time. 75 How do you introduce a Main Motion? Three little words: I move that… 76 Member must be clear •The member has the responsibility of formulating the motion. •Don’t mix up your ideas about the subject with the motion itself. Save those for debate. 77 I’ve been noticing that the number of wild cats is increasing in our city, and they’re getting stomped on by bigger dinosaurs. It’s important that the city do something to protect them, so I think allowing catios would be great, this fits in with our mandate to serve all species and it will make the little kitties safer. 78 73 74 75 76 77 78 Page 25 of 49 14 State the exact motion clearly I move that residents be authorized to build catios in their private yards. 79 You can request a moment to write it down •May I have a few minutes to write this motion down? •Chair may also request that motion be written. •Can use 3-part motion forms. 80 Second Councilmember Smith seconds the motion! 81 Clerk should speak up •If the clerk did not hear who seconded the motion, they should speak up. The clerk inquires, who seconded this motion? •In general, clerk MUST do this when lack of clarity prevents doing the job, and council must be patient! 82 Second the motion •You “second a motion” to show that you would like to talk about it. •No need to be recognized. Just call out “second.” •It is OK to second a motion you disagree with, if you want to explain why it’s a bad idea. 83 If no second… •If there is no second, the chair says: There being no second, the motion will not be considered. •Then moves immediately to next item of business. 84 79 80 81 82 83 84 Page 26 of 49 15 You can’t speak against your own motion •Under Robert’s Rules, the maker of the motion cannot speak against it. •If the discussion has changed their mind, they should request permission to withdraw the motion. •The maker CAN vote against their own motion. 85 Eight steps to process a motion 1. Member makes motion. 2. Another member seconds motion. 3. Chair states motion. 4. Members debate and/or amend motion. 5. Chair restates motion and calls for vote. 6. Members vote on motion. 7. Chair states results of vote, whether motion passes or fails, and what happens next as a result of the vote. 8. Chair states next item of business. 86 Main Motion Tyrannosaurus rex Residents will be authorized to build catios in their private yards. 87 Main Motion Tyrannosaurus rex Point of Information Friendly member: Chair, I’m confused! What exactly IS a “catio”? Chair:A catio is a patio for cats. Here’s an example. 89 Point of Information Note that “Point of Information” is a QUESTION. It is also called “Request for Information.” It cannot be used to GIVE information. 90 85 86 87 88 89 90 Page 27 of 49 16 Language tip If someone uses this motion incorrectly, chair can ask: What information does the member need in order to decide how to vote? 91 Step #3 is very important! •Presider MUST repeat the motion, or have the clerk repeat it. •After step #3, the motion belongs to the group as a whole, not to the person who made it. •WHY? So that everyone knows what we are actually discussing. 92 General contractor I feel that catios will allow our dear feline friends to experience the outdoors without getting hurt or endangering other wildlife. I urge my colleagues to vote in favor of this motion. 93 Photographer I’m in favor! My cousin has built a catio, and her little pet Fuzzy is completely at home in it, as you can see from this picture. 94 Architect I think this is a terrible idea! Catios are intrusive and will ruin the look of our city. Here’s an example I saw when I visited Dinodome last week. We don’t want this kind of ugly building in beautiful Dinopolis. 95 Moving to vote •When it seems that discussion is finished, chair asks, “Is there any further discussion?” or “Are you ready to vote?” and then, if no one speaks up, takes the vote. •These are rhetorical questions. 96 91 92 93 94 95 96 Page 28 of 49 17 Step #5 is also very important! •Chair must repeat the motion before the vote is taken. •Have you ever been at a meeting when once the vote is taken, someone says, “What did we just approve?” and no one knows exactly what it was? •WHY? So that everyone knows what we are actually voting on. 97 Voting •Chair repeats the motion. •Chair says, “All those in favor say ‘aye,’ all those opposed say ‘no.’” •Chair announces results of vote, whether motion passes or fails, and what will happen next as a result of the vote. •Chair announces next item of business. 98 Voting The “ayes” have it, the motion passes, and residents will be authorized to build catios in their private yards, OR The “noes” have it, the motion fails, and we will not implement this proposal. •Note that on a voice vote, the chair must call for the negative vote, even if it seems obvious that the motion is unanimous. 99 Voting •There is no fixed rule about recording the vote in the minutes. –The motion passed/the motion failed. –The motion passed by 3 votes to 2. –The motion passed with members Smith, Jones and Robinson voting in favor, and members Green and Black voting against. 100 Don’t do this! •The motion passed with members Green and Black voting against. 101 No debate during voting •Nothing can interrupt the voting process. •Members are not allowed to explain their vote during the vote, or afterwards. •Even a Point of Order must wait until the result of the vote is announced. 102 97 98 99 100 101 102 Page 29 of 49 18 Changing your vote •A member may change their vote up until the time the chair announces the result. •After that time, it takes unanimous consent of the body (everyone agreeing) for the member to change their vote. •Once the chair has moved on to the next item of business, it is too late to change a vote. 103 Abstain •Under Robert’s Rules, to abstain is to do nothing. •Abstentions are not counted. •The chair does not call for abstentions. •However, if you are a public body, likely you will count abstentions. 104 Abstain •Some councils have a rule that an abstention is counted as a “yes” vote. •Some councils have a rule that an abstention is counted as a “no” vote. •We recommend against these approaches. We like Robert’s guidance of giving the member freedom to abstain at his or her discretion. 105 Conflict of interest •If you have a conflict of interest, you should “recuse” yourself from the vote. •Recusal is a special form of abstention. •Talk with your attorney before the meeting! Don’t spring it during the meeting itself. •It may be that recusal is not enough. 106 See new MRSC post Resolving Financial Conflicts of Interest: Is Abstaining from Voting Enough? www.mrsc.org 107 Unanimous consent •Form of voting—a type of “fast track.” •Very efficient for minor procedural matters. •Presider suggests something, and if you agree, REMAIN SILENT. Silence means consent. •If you don’t want to proceed in this way, say “OBJECTION.” •Presider then abandons the fast track to use the regular method. 108 103 104 105 106 107 108 Page 30 of 49 19 Amendment Dimetrodon •You amend a motion to improve it. •The Amendment applies to the main motion. •The Amendment must be germane (relevant). •Anyone may move to amend, even the person who made the motion. Amendment Dimetrodon 110 Amendment Engineer:I move that we amend the motion by adding the words, “Provided that the plan for each catio is approved by the Design Review Board.” 111 If adopted, will read: Residents will be authorized to build catios in their private yards, provided that the plan for each catio is approved by the Design Review Board. 112 Four ways to amend 1. Add or insert words. 2. Strike out words. 3. Strike out words and insert words in their place. 4. Substitute (tricky!). 113 Process Amendment •The Amendment is processed using the same eight steps that we just saw for a main motion. 114 109 110 111 112 113 114 Page 31 of 49 20 The challenge is… •We vote on amendments BEFORE we vote on the main motion, in order to make the main motion as good as possible—to PERFECT the motion. 115 Amendment blocks Main Motion Fate of the Amendment •People sometimes get confused, and don’t realize that after voting on the amendment, the process continues. •Once the fate of the amendment has been decided, debate continues on the main motion. 117 More amendments are possible… •Once you’ve dealt with one amendment, you may have others… •provided that they apply to a different aspect of the main motion. •It takes special actions (reconsideration) to go back and change something we’ve already amended. 118 The process continues •After all amendments have been processed, the body still must vote on the AMENDED MAIN MOTION. 119 “Friendly amendment” •People often process “friendly amendment” the wrong way. •DO NOT turn to maker and seconder to ask if they accept the amendment – this give them improper power. •Handle this the same as any other amendment. •Ask, “Is there a second?” etc. •Once a motion has been stated by the chair, the maker and seconder have same rights as any other member. 120 115 116 117 118 119 120 Page 32 of 49 21 Secondary amendment •When an amendment has been proposed, it is called a “primary amendment.” •It is also possible to amend the amendment, which is called a “secondary amendment.” •This is processed just like the main motion, EXCEPT that no further amendments are possible—no “tertiary” amendments. 121 Primary Amendment Dimetrodon Secondary Amendment Small Dimetrodon Amend the Amendment Architect:I move that we amend the amendment by striking the words “Design Review Board” and inserting the words “a licensed architect.” 124 If adopted, amendment will read: provided that the plan for each catio is approved by the Design Review Board a licensed architect. 125 Secondary amendment Secondary amendment blocks primary amendment 121 122 123 124 125 126 Page 33 of 49 22 Sequence •Discuss and vote on the secondary amendment. •Discuss and vote on the primary amendment. •Discuss and vote on the Main Motion. 127 No amendments in minutes •According to Robert’s Rules of Order, details of each amendment and how it was voted on ARE NOT INCLUDED in the minutes. •“After discussion and amendment, the following motion was adopted…” 128 Call the Question Triceratops •People often process this motion wrong. •You cannot simply cut off debate by saying “question.” •You must be recognized to make this motion. •It requires a second. •It cannot be debated or amended. •It takes a two-thirds vote to pass. Call the Question Triceratops 130 EXERCISE Motions practice 131 EXERCISE Using the surplus Dinopolis has a $10 million surplus this year. What will the city do with it? 132 127 128 129 130 131 132 Page 34 of 49 23 Performing Arts Center Moved and seconded: That the city build a performing arts center at a cost not to exceed $10 million. 133 V. Who’s in charge? 134 Note on role of chair •Robert has different rules for small boards (up to about 12 people). •In a small board, chair may make motions, discuss, and vote, unless law, regulations or bylaws say otherwise. •We recommend that chair speak and vote last (this is a Jurassic Parliament suggestion). 135 Can mayor take part in discussion? •YES in a council-manager city. •In Washington State, a “strong mayor” by custom can take part in discussion, even though technically not a member of the council. •Nevertheless, the mayor must remain the servant of the group, and may not dominate the discussion. •See our “Citizens Guide” for more on this. 136 137 The president…should, of all the members, have the least to say upon the substance of pending questions. Robert’s Rules of Order Newly Revised, 12th ed., Section 47:19 138 133 134 135 136 137 138 Page 35 of 49 24 Robert’s Rules of Order Newly Revised, 12th edition Abbreviated RONR “Rules of Order Newly Revised” 139 . 140 . 141 We recommend spiral-bound editions, available only from the National Association of Parliamentarians www.parliamentarians.org 142 143 Your rules have higher authority •You may choose the rules that suit the Council best, and they have higher authority than Robert’s Rules. 144 139 140 141 142 143 144 Page 36 of 49 25 Accountability Hierarchy BOSS 145 Voluntary Association LEADER 146 Key Point Each member has an equal right to speak and to try to persuade others to accept their view. 147 Key Point During meetings, the chair controls the process so the group can make the decisions. 148 Fundamental guideline During meetings, the chair is the servant of the group, and the group is the final authority. 149 You have both types of structure •The council forms a voluntary association. •The mayor and staff form an accountability hierarchy. 150 145 146 147 148 149 150 Page 37 of 49 26 What is each person’s individual authority? All members of a governing board share in a joint and collective authority which exists and can be exercised only when the group is in session. The Standard Code of Parliamentary Procedure 151 LEGISLATION is the prerogative of the council. Mayor supports council, but does not decide. ADMINISTRATION is the prerogative of the mayor. Council may not interfere. Councilmembers may not do the work of the city •Elected officials care deeply about their city. •Sometimes they have special knowledge and expertise. •They may make suggestions to the mayor, but they may not do the work of the city themselves. •Why? They must not cross the line between legislation and administration. •This is a legal requirement! 154 Your duty as a councilmember •Debate and determine overall strategy, policy, and legislation for your city. •Leave the details of operations to the mayor and staff. 155 Vigorous discussion •Discussion on council motions can and should be vigorous! •Express your views freely and don’t hold back. •Once the vote has been taken, however, things change. 156 151 152 153 154 155 156 Page 38 of 49 27 It’s OK to disagree •The fact that people have different opinions is a strength. It’s a good thing! •BUT we tend to identify with our own position. •When we are defeated, we sometimes take it personally. •This is a mistake. 157 At the end of the day, the body must unite behind its decision. •It is a basic democratic principle that the decision of the majority, voting at a properly called meeting, is the decision of the body as a whole. •The minority must make it their decision as well. 158 Democracy is the worst system of government in all the world, with the exception of those others that have been tried from time to time. Winston Churchill 159 Bottom line •In a democracy, HOW we decide things is more important than WHAT we decide. •Courtesy and respect, no surprises, no unilateral action, no end-runs…these are essential for the system to work. 160 Members have a duty •When serving on a public body, members have a duty to uphold the decision of that body, even if they disagree with it. 161 Disagreement •Members may express their disagreement in public, but may not attempt to UNDERMINE the decision. •They are free to try to persuade their colleagues, during the meeting, to change the decision (within limits). 162 157 158 159 160 161 162 Page 39 of 49 28 We all want to be right •It’s human nature to be unhappy when you oppose the decision. •Our current culture places a strong premium on individuality. •I invite you to commit yourself to a bigger principle than your own views. 163 WHY? After everyone’s voice is heard, including the minority, it is the majority that make the decision. 164 What is the alternative? The ballot box is sacred because the alternative is blood. Elias Canetti 166 VI. Public comment 167 Another disclaimer Robert’s Rules of Order contains very little guidance on public comment. In general, this information comes from Jurassic Parliament’s experience over 15 years of working with local governments. 168 163 164 165 166 167 168 Page 40 of 49 29 Public hearing vs public comment •A PUBLIC HEARING is an administrative procedure governed by state law and your council rules. •You must include testimony in the minutes. •The PUBLIC COMMENT PERIOD is an agenda item governed by your own rules. •We strongly recommend NOT including public comment in your meeting minutes. 169 WHY public comment? •A council meeting is NOT A MEETING OF THE PUBLIC. •It is a MEETING OF THE COUNCIL that is held in public. •The purpose of the “public comment” period is to allow the councilmembers to become informed about the views of the public. •It should be carefully structured. 170 Be consistent •Best to announce rules at beginning of each session, and provide written handout. •For the sake of fairness, rules for public comment MUST be enforced consistently. •Public must address remarks to chair, not to individual councilmembers or the audience. 171 Follow time limits •Ask staff to time speakers so chair is not distracted. •Some bodies have a visible timer so speakers know when their limit is approaching. •Speakers may not donate their time to someone else. 172 Do not dialogue •This is not a dialogue. •Do not get into back-and-forth with the public. If chair starts dialoguing with the public, the situation can quickly become confusing. •If you respond to some speakers but not to others, it can be interpreted as showing bias. 173 We tell the public it is a one-way communication to the council. 174 169 170 171 172 173 174 Page 41 of 49 30 Differing expectations •The public may have different expectations. •They may come to the meeting looking for answers to specific questions. •They may want to argue. •They may want their remarks “on the record.” •They may want to raise a “Point of Order,” which they cannot do. •Education is critical! 175 Audience relations •Only the chair may speak to the audience as a whole. •Individual councilmembers may not speak to the public or recognize people in the audience. •Discourage demonstrations—clapping, booing, whistling, stamping of feet, etc. These can chill free speech, both for councilmembers and public. 176 Time, place and manner •The courts have found that local governments may limit the time, place and manner of public comment. •All such restrictions must be viewpoint-neutral. •We recommend setting a time period for public comment (for example, 30 minutes). •We recommend setting a 3-minute limit for individual speakers. 177 If a speaker runs over… •If a speaker runs over the limit, interrupt and request that they conclude their remarks, or simply inform them, “Your time is up.” 178 Comment vs. disruption •Attendees do not have the right to DISRUPT the meeting. •However, the courts have found that mere words do not usually constitute disruption. •In general, residents can say whatever they like during public comment. 179 Your rules Any person who causes actual disruption by failing to comply with the allotted time established for the individual speaker’s public comment, making personal attacks, using hate speech, making slanderous remarks or other disruptive conduct while addressing the Council shall be barred from further participation by the Presiding Officer, unless permission to continue is granted by a majority vote of Councilmembers present. 180 175 176 177 178 179 180 Page 42 of 49 31 How to act on dais? •Chair and members convey interest and concern by their body language. •They should listen to each person speaking as if there were no one else in the room (this is hard!). •Keep a warm and pleasant expression, or a neutral face if speaker is not complimentary. 181 How to respond? •Best approach is to thank each speaker, even if negative, and move on. •Chair may provide brief factual information, if appropriate, which must not degenerate into lecturing or criticism. •Don’t put staff on the spot. Invite people to address questions to staff separately. 182 Attacks on staff •Councilmembers should not criticize staff in public and must be courteous to them. •If public attacks staff, do not get defensive. •Do not get in a hostile exchange. •Be prepared if appropriate to defend the staff in a calm, positive manner. •Why? If no response is made, it can seem as if the body agrees with the criticisms. 183 Conclude with thanks •At the end of the public comment period, the chair should thank the public for attending. •Explain again that while this is not a time for dialogue, all comments and questions are taken seriously by the body. •Sincerity and warmth on the part of the chair will make a big difference to the experience the public has at your meeting. 184 Other channels •It is essential for you to be in touch with your public, to be responsive, and to appear responsive. •Given the limitations of the public comment period, we recommend maintaining other channels for dialogue with the public. •Community forums, personal discussions, “coffee with the council” (always less than a quorum), a form on your website, surveys, etc. 185 181 182 183 184 185 186 Page 43 of 49 32 VII. The right kind of control 188 Three things you must have: 1. Knowledge of how this system works 2. A majority on your council in favor of civility and this system. 3. The personal moxie, chutzpah, energy and drive to put it all into practice. 189 Chair must control who speaks when •The chair serves as a BENEVOLENT DICTATOR, enforcing the rules the group has chosen. •Individual members must SEEK RECOGNITION before speaking. 190 Chair controls who speaks when •If someone speaks up without being recognized, STOP THEM. •If someone speaks out of turn, INTERRUPT THEM. •If someone makes insulting remarks, CUT THEM OFF. 191 Duty to obey the chair •Members have a duty to obey the chair’s directions. •If they disagree, they can’t argue back. •What can they do? 192 187 188 189 190 191 192 Page 44 of 49 33 Guide your members by stating the obvious •You as chair know more about the process than anybody else. •You must repeat yourself, and state the obvious, to help bring everyone along. 193 Keep things moving! Be brisk! Speak crisply! •Well, I guess the agenda is adopted… •I’ll kind of get a thumbs up from the board next week… 194 Firm but not harsh. 195 196 When in doubt, ask the group! •Chair can always ask the group to decide a question. 197 •Chair: The chair believes that remarks about UFOs landing at our airfield are not germane, and will ask the Council to decide whether the Councilmember may continue speaking on this topic. All those who believe that the Councilmember may continue speaking, please say “aye.” •Councilmembers in favor: Aye! 198 193 194 195 196 197 198 Page 45 of 49 34 •Chair: All those who believe that the Councilmember may not continue, please say “No.” •Councilmember opposed: “No.” •Chair: The ayes have it and the Councilmember may continue speaking, OR the noes have it and the Councilmember will cease from speaking. 199 HOW to control? The chair should never get excited. Robert’s Rules of Order Newly Revised, 12th edition, 47:19 200 WHY do we need rules? Win/lose is the only game most of us understand. We have a constant unspoken need for domination and actually find no enjoyment in win/win situations. Richard Rohr, Franciscan author 201 Vision phase one •Each member expresses their personal views on topics before the council with vigor, energy, commitment, and respect. 202 Vision phase two •Once the vote is taken, personal opinions and political views are LESS IMPORTANT than the majority vote of the council. •Members accept the decision and move on without rancor or bitterness. 203 VIII. Conclusion 204 199 200 201 202 203 204 Page 46 of 49 35 Keep in touch! •You are invited to subscribe to our monthly enewsletter. •Subscribe to the blog on our website for insight, tips and inspiration, including our new advice column, “Dear Dinosaur.” •Email any time. www.jurassicparliament.com ann@jurassicparliament.com 206-542-8422 205 After taking this training you will be able to: 1. Describe how the authority of the group is more important than any single individual, even the chair. 2. Follow best practices for discussion. 3. Respond to disorder and difficult people. 4. Make Motions and Amendments. 5. Run effective public comment sessions. 207 The purpose of your meetings under Robert’s Rules? •Debate and determine overall strategy, policy, and legislation for your city. •Leave the details of operations to the mayor and staff. 208 . 209 205 206 207 208 209 210 Page 47 of 49 36 These remarks are inappropriate 1. Personal remarks about other members (except for conflict of interest) 2. Discourteous remarks – insulting language, attacks 3. Inflammatory language 4. Criticizing past actions of the group (unless subject is under discussion, or member is about to propose to amend or rescind the action at the end of their speech) 5. Remarks that are not germane (relevant) to the discussion 212 Motions review •At the right time, seek recognition from the chair. •State your motion. Chair, I move that we issue each councilmember a $500 bonus in recognition of their service during this pandemic. •After the motion is seconded by another member and stated by the chair, explain why you think it’s a good idea. 213 Seconding a motion •After another member makes a motion, just call out “second!” •You do not need to be recognized. 214 Eight steps to process a motion 1. Member makes motion. 2. Another member seconds motion. 3. Chair states motion. 4. Members debate and/or amend motion. 5. Chair restates motion and calls for vote. 6. Members vote on motion. 7. Chair states results of vote, whether motion passes or fails, and what happens next as a result of the vote. 8. Chair states next item of business. 215 Amending a motion •During discussion on the motion, seek recognition. •Once recognized, state your proposed amendment. Chair, I move to amend the motion by striking out the number $500 and inserting the number $5000. •Once another member seconds the amendment, explain why it’s a good idea. 216 211 212 213 214 215 216 Page 48 of 49 37 Remember… •The amendment is voted on first. •Once the amendment is resolved, discussion may continue on the main motion. •Further amendments may be made. •Finally, the vote will be taken on the MAIN MOTION AS AMENDED. 217 Best practices for public comment 1. Set time limits for public comment and for individual speeches. 2. Have the public address the chair, and have the chair respond. 3. Don’t engage in dialogue with the public, but have arrangements to answer their questions afterwards. 4. Speakers may not donate their time. 5. On the dais, make the effort to be, and to appear to be, listening intently to all speakers. 218 Kindness is within our power. Liking is not. Samuel Johnson, British author 219 Serving on a local government board is like being in a marriage arranged by the citizens. Tami Tanoue, Colorado Intergovernmental Risk Sharing Agency 220 Why are we here? To equip you to run effective meetings to serve your community 221 Disclaimer: Nothing in this presentation constitutes business or legal advice. ©Jurassic Parliament 2022. All rights reserved. PO Box 77553, Seattle, WA 98177 Tel: 206-542-8422 Email: ann@jurassicparliament.com Web: www.jurassicparliament.com 222 217 218 219 220 221 222 Page 49 of 49