HomeMy WebLinkAboutOrdinance 2001-49 Committees
ORDINANCE NO. 2001-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
PROVIDING FOR THE ADOPTION OF A NEW SECTION 2-
42 ENTITLED APPOINTMENTS OF BOARDS AND
COMMITTEES; PROVIDING FORA PURPOSE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR THE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
PROVIDING FOR THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under S2(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 desires, through the establishment of the position of
"alternate member" to the various boards and commissions, to enhance the public's respect and
confidence in the municipal services delegated to, and performed by, city boards and committees and
to ensure that decisions of boards and committees are in the best interests of the city; and
WHEREAS, the City Commission desires to establish uniform and consistent procedures
and requirements for establishing and/or abolishing boards and committees, and appointing and
removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the
City of Winter Springs
Ordinance No. 2001-49
Page I of 5
reference as legislative findings of the City Commission of Winter Springs.
Section 2. The City of Winter Springs Code Chapter 2 entitled Administration is
hereby amended by the adoption of a new Section 2-42 entitled Appointments of boards and
committees, as follows: (underlined type indicates additions and strikeout type indicates deletions,
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2. Administration
* * *
Article III. Boards, Committees, Commissions
Division 1. Generally
* * *
Sec. 2-42. Appointments of boards and committees.
Uti Purpose. The pw:pose of this section is to enhance the public's respect and confidence in the
municipal services delegated to. and performed by. city boards and committees and to ensure
that decisions of boards and committees are in the best interests of the city. The purpose of
this section is also to establish uniform and consistent procedures and requirements for
establishing and/or abolishing: boards and committees. and appointing and removing
members thereof. and for conducting board and committee business.
The provisions ofthis section shall not be deemed to repeal or modify any city ordinance or
provision of the city code relating to the establishment or operation of any board or
committees. but the provisions herein shall be supplemental and in addition to such
provisions within the city code.
(Q) Definitions. As used in this section. the terms or phrases listed in this subsection shall have
the following meaning:
"Resident" shall mean any person living within the city limits at all times while serving on
said board or committee. and at least six (6) months prior to being nominated. elected or
appointed to the board or committee.
~ Requirements of board and committee members. Any person nominated. elected or appointed
to serve on a board or committee of the city shall satisfy the following requirements. except
as otherwise provided by state or federal law:
ill Complete a board or committee application as prescribed bv the city commission:
City of Winter Springs
Ordinance No. 2001-49
Page 2 of 5
(2) Consent to a standard criminal background check:
(3) Be duly registered to vote in Seminole County:
(4) Be a resident as defined in this section: and
(5) Has never been convicted or found guiltv. regardless of adjudication. of a felony in
any jurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of this paragraph.
(d) Appointment and removal of members. Unless otherwise required by state or federal law. or
specifically provided otherwise in the Code. all persons shall be appointed to. and removed
from city boards and committees by majority vote of the city commission. Board and
committee members shall serve at the pleasure of the city commission and may be summarily
removed at any time with or without cause. A board or committee appointment shall not be
construed as creating or conferring. upon a person. any right or interest in serving on a board
or committee including. but not limited. to a contract. liberty. property or vested right.
(e) Term. All board and committee members shall be appointed to serve three-year terms and
may be reappointed bv the city commission for subsequent three-year terms without
limitation. If a member is removed. or vacates their appointment for any reason. including
death. excessive absences. or resignation. prior to the expiration of their term. the City
Commission may at its discretion appoint the first alternate member described below. or
other qualified individuaL whom shall serve the remaining portion of the unexpired term.
(f) Absences. Any board or committee member incurring three (3) consecutive absences. or five
(5) absences within a twelve-month period. from any regularly scheduled meeting shall be
deemed automatically removed from the respective board or committee in which the
absences have occurred.
{g} Chairmanships. Each board and committee shall be responsible to elect. by majority vote of
the members of each board or committee. a chairperson and vice-chairperson. The election
shall occur annually at the first meeting held in January. unless there is no January meeting.
then the next meeting held. All newly established boards and committees shall make such
elections at their regularly held meeting and then annually as stated above. Alternate
members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson.
(h) Alternate members. At the discretion of the city commission. two (2) alternate members may
be appointed to each City of Winter Springs board or commission unless otherwise provided
City of Winter Springs
Ordinance No. 2001-49
Page 3 of 5
by law. Alternate members shall be provided with all agendas and documentation provided
to regular members and shall be permitted to provide input during discussions. Alternate
members shall not be permitted to vote on matters before the board unless they have assumed
the duties of an absent regular member.
The member of the board who has served longer as an alternate member shall be the first
alternate board member. If the first alternate member leaves the board or is appointed a
regular board member. the successor to the first alternate board member shall be that
alternate board member with the longer service as an alternate member. The next appointed
alternate member shall be designated as the second alternate board member.
In the absence of a regular member from an official board meeting. the first alternate board
member shall assume all duties of the absent regular board member. including the right to
vote on any matter before the board at that meeting. If two (2) or more regular board
members are absent from an official board meeting. the second alternate member shall
assume all duties of an absent regular member. including the right to vote on anv matter
before the board at that meeting.
In the absence of the first alternate board member from an official board meeting. the second
alternate board member shall act in the place of the absent first alternate. including the right
to vote on matters before the board at that meeting if a regular member is absent at that
meeting.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs
Ordinance No. 2001-49
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day ofOctober, 2001.
PAUL P. PARTYKA, 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
First Reading: September 24, 2001
Second Reading: Oc tober 8, 2001
Effective Date: October 8, 2001
F:\DOCS\City of Winter Springs\Ordinances\Alternate Board Members 2001-49 jpbjd
City of Winter Springs
Ordinance No. 2001-49
Page 5 of 5
NOTICE OF AMENDMENT TD THE
CITY OF WINTER SPRINGS COOE
OF ORDINANCES
NOTICE IS HEREBY GIV-
EN THAT THE CITY COM-
MISSION OF THE CITY OF
WINTER SPRINGS WILL
HOLD A PUBLIC HEAR-
ING FOR THE SECOND
READING ON PROPOSED
ORDINANCE 2001-49 TO
CONSIDER AMENDING
THE CITY OF WINTER
SPRINGS CODE OF ORDI-
NANCES PROVIDING FOR
THE ADOPTION OF A
NEW SECTION 2-42 ENTI-
TLED APPOI NTMENTS
OF BOARDS AND COM-
MITTEES.
A PUBLIC HEARING ON
THE PROPOSED ORDI-
NANCE AMENDMENT
WILL BE HELD ON OCTO-
BER 8, 2001 AT 6:30 P.M.
AT THE WINTER
SPRINGS CITY HALL.
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF WINTER
SPRINGS, FLORIDA, AMENDING
THE CITY OF WINTER SPRINGS
CODE DF ORDINANCES, PROVID-
ING FOR THE ADOPTION OF A NEW
SECTION 2-42 ENTITLED APPOINT-
MENTS OF BOARDS AND COMMIT-
TEES; PROVlOING FOR A PURPOSE;
PROVIDING FOR DEFINITIONS;
PROVIDING FOR REQUIREMENTS
OF MEMBERS; PROVIDING FOR
THE APPOINTMENT AND REMOV-
AL OF MEMBERS; PROVIDING FOR
A TERM; PROVIDING FOR TERMI-
NATION DUE TO ABSENCES; PRO-
VIDING FOR ELECTION OF A
CHAIRPERSON; PROVIDING FOR
THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR RE-
PEAL OF PRIOR INCONSISTENT OR-
DINANCES AND RESOLUTlDNS;
PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
A PUBLIC HEARING ON
THE SECOND READING
OF PROPOSED ORDI-
NANCE 2001-49 WILL
TAKE PLACE AT THE
CITY COMMISSION CHAM-
BERS IN CITY HALL AT
1126 EAST STATE ROAD
434, WINTER SPRINGS,
FLORIDA. ADDITIONAL
INFORMATION PERTAIN-
ING TO THE ABOVE MAY
BE OBTAINED FROM
THE OFFICE OF THE
CITY CLERK AT CITY
HALL, 1126 EAST STATE
ROAD 434, WINTER
SPRINGS, FLORIDA. FOR
MORE INFORMATION
CALL 327-1800, EXT. # 227.
INTERESTED PERSONS
MAY ATTEND AND BE
HEARD.
PERSONS WITH DISABILI-
TIES NEEDING ASSIS-
TANCE TO PARTICIPATE
IN ANY OF THESE PRO-
CEEDINGS SHOULD CON-
TACT THE EMPLOYEE
RELATIONS DEPART-
MENT COORDINATOR 48
HOURS IN ADVANCE OF
THE MEETING AT (407)
327-1800.
THIS IS A PUBLIC HEAR-
ING. IF YOU DECIDE TO
APPEAL ANY DECISION
OR RECOMMENDATION
MADE BY THE CITY COM-
MISSION WITH RESPECT
TO ANY MATTER CON-
SIDERED AT THIS MEET-
ING, YOU WILL NEED A
RECORD OF THE PRO-
CEEDINGS, AND, FOR
SUCH PURPOSE YOU
MAY NEED TO ENSURE
THAT A VERBATIM RE-
CORD OF THE PROCEED-
INGS IS MADE UPON
WHICH THE .APPEAL IS
TO BE BASED.
Orlando Sentinel
Published Daily
State of Florida } S.S.
COUNTY OF ORANGE
Before the undersigned authority personally appeared Linda Bridgewater
, who on oath says
that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally
ALTAMONTE SPRINGS in
Seminole County, Florida;
NOTICE Of AMENDE
in the SEMINOLE Court
was published in said newspaper in the issue of 09/28/01.
Affiant further says that the said Orlando Sentinel is a newspaper published at
ALTAMONTE SPRINGS,in said
Seminole County, Florida,
and that the said newspaper has heretofore been continuously published in
said Seminole County, Florida,
each Week Day and has been entered as second-class mail matter at the post
office in ALTAMONTE SPRINGS in said
Seminole County, Florida,
for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he/she has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper.
Linda Bridgewater
The foregoing instrument was acknowledge before me this 28 day of
Sept. 2001, by Linda Bridgewater.
who is personally known to me and who did take an oath.
(SEAL)
BEVERLY C. SIMMONS
Notary Public
ANDREA LORENZO-
LUACES
CITY CLERK
CSE4110306 9/28101