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HomeMy WebLinkAbout2010 05 24 Public Hearings 501 Approve And Adopt Ordinance 2010-14 on Second Reading Uniform Requirements For City Boards And Committees COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular \)\j\ May 24, 2010 Mgr. / Dept. Regular Meeting Authorization REQUEST: The City Attorney and the City Clerk request that the City Commission approve and adopt Ordinance 2010 -14 on Second Reading, which revises portions of the City Code and amends the existing uniform requirements for City boards and committees. EXECUTIVE SUMMARY: The City Commission met on February 1, 2010 in a Workshop and reviewed the City's existing boards and committees. During the discussion, the Mayor and City Commission suggested several City Code revisions related to the City's boards and committees which include, but are not limited to, the following: Provide for four -year, staggered terms of office, term limits, seat assignments, and no longer compensate board and committee members for attendance at official meetings. The City Commission approved the First Reading of this Ordinance 2010 -14 at the May 10, 2010 Regular City Commission Meeting and moved it to a Second and Final Reading. CONSIDERATIONS: 1. The City of Winter Springs has a number of active boards and committees, which serve the City Commission and all the citizens of Winter Springs. Currently, the City boards and committees are: Beautification Of Winter Springs Board Quarterly meetings Board Of Trustees Quarterly meetings Code Enforcement Board Monthly meetings Districting Commission (Meets every three years) Monthly meetings CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - MAY 24, 2010 PUBLIC HEARING AGENDA ITEM "501" PAGE 2 OF 2 Oak Forest Wall And Beautification District Advisory Committee Quarterly meetings Planning And Zoning Board/Local Planning Agency Monthly meetings Tuscawilla Lighting And Beautification District Advisory Committee Quarterly meetings 2. Pursuant to existing City Code, City board members receive $25.00 for every board meeting they attend. Ordinance 2010 -14 will remove board member compensation. 3. Additionally, there are currently no term limits for City board and committee members. Ordinance 2010 -14 will impose a restriction to three full terms of office, which mirrors City Commission term limits. 4. Currently, City board and committee members serve three -year terms of office. Ordinance 2010 -14 will change the length of member terms to four years, which will match the terms of office of City Commissioners. 5. Currently, the Code Enforcement Board is the only City board that has alternate members. Ordinance 2010 -14 provides that all City boards and committees may include alternate members, at the discretion of the City Commission. 6. Ordinance 2010 -14 provides that all City boards and committees will contain at least five seats, which correspond with seats of the City Commissioners. 7. Ordinance 2010 -14 provides that all City board and committee members will have staggered terms of office. Currently, all Board of Trustee members have simultaneous terms of office. The ordinance will establish staggered terms of office for this Board. FISCAL IMPACT: No funding requirements are tied to the approval of this Agenda Item. However, if this Ordinance is approved, for the next fiscal Budget, the City will save approximately $6,875.00 from previous years. RECOMMENDATION: The City Attorney and the City Clerk request that the City Commission approve and adopt Ordinance 2010 -14 on Second and Final Reading. ATTACHMENTS: A: February 1, 2010 City Commission Workshop Minutes B. Ordinance 2010 -14 ATTACHMENT "A" CITY OF WINTER SPRINGS, FLORIDA 4` o A �. v • co 1959 CITY COMMISSION MINUTES WORKSHOP MONDAY, FEBRUARY 1, 2010 - 6:00 P.M. CITY HALL — COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor John F. Bush Commissioner Jean Hovey - Seat One Deputy Mayor Rick Brown - Seat Two Commissioner Gary Bonner - Seat Three Commissioner Sally McGinnis - Seat Four Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 2 OF 7 CALL TO ORDER The Workshop of Monday, February 1, 2010 of the City Commission was called to Order by Mayor John F. Bush at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Mayor John F. Bush, present Deputy Mayor Rick Brown, present Commissioner Jean Hovey, present Commissioner Gary Bonner, present Commissioner Sally McGinnis, arrived at 6:33 p.m. Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present INFORMATIONAL AGENDA INFORMATIONAL 100. Office Of The City Manager Requests That The City Commission Consider The Information In This Agenda Item And Begin Discussions/Review Regarding The On -Going Viability Of Each City Advisory Board And Committee. City Manager Kevin L. Smith began the discussion on the City's Advisory Boards and Committees. Beautification of Winter Springs Board: Mr. Steve Richart, Urban Beautification Division Services, Community Development Department gave some background information on the Beautification of Winter Springs Board. Discussion ensued on the Terms of Office; projects this Board is involved with; Neighborhood Improvement Grant Program requests; and that this Board is involved with the selection of Holiday decorations. Related to the selection of Holiday decorations, Deputy Mayor Rick Brown asked, "At some point can we see a number of what it would cost to replace those pole lights — the soldiers." Mr. Richart noted, "They are about, anywhere from a hundred to a hundred and fifty dollars ($100.00 - $150.00) apiece, depending on the complexity. Right now we need about fifteen (15) of them." Deputy Mayor Brown added, "I think you probably need more than that." Mr. Richart then said, "I can come back with a comprehensive list if you would like." Mayor Bush suggested, "Put it in your Budget." Manager Smith inquired, "If that's something that is important to this Commission, we can put it in the Budget and we'll discuss it during the Budget cycle. Is that agreeable ?" Mayor Bush said, "Yes." No objections were voiced. Commissioner Joanne M. Krebs suggested the holiday decorations be replaced with Banners. Deputy Mayor Brown added, "That would be a great idea." Mayor Bush suggested the Beautification of Winter Springs Board consider this and added, "It is a good idea." Deputy Mayor Brown recommended green banners with wreaths on them. Mr. Richart noted, "I can bring that as an option." Manager Smith added, "I believe we could do that for significantly less dollars." Commissioner Krebs agreed. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 3 OF 7 Commissioner Gary Bonner asked if an Agenda Item related to donations, could go before the Beautification of Winter Springs Board? Mr. Richart stated, "I think you are absolutely right." Discussion followed on what this Board has been involved with; funding this Board; and Members of the City Commission suggested that more Meetings could be scheduled and budgeted accordingly, and if not needed, then Canceled. Further comments followed on other upcoming projects that the Beautification of Winter Springs Board will be involved in; water conservation; and compliance with the Tree City USA program. Manager Smith suggested, "I think the Commission needs to ask themselves that question with each of these Boards. Can we serve as this Board? Should we serve as this Board? Are we better served by having an Advisory group of citizens to help us in making those decisions ?" Discussion. ❖❖ AGENDA NOTE: THE FOLLOWING TWO (2) ADVISORY COMMITTEES WERE DISCUSSED SIMULTANEOUSLY NEXT, AS DOCUMENTED. ❖❖ Oak Forest Wall and Beautification District Advisory Committee: Tuscawilla Lighting and Beautification District Advisory Committee: Mr. Richart presented background information on these Committees and the Assessment Districts. Commissioner Sally McGinnis arrived at 6:33 p.m. Deputy Mayor Brown asked if the Committees were still needed and suggested that perhaps Homeowner's Associations could serve in this capacity. With further discussion, Mayor Bush inquired what the debt of the Tuscawilla Lighting and Beautification District is currently? Mr. Richart noted, "I could find that out." Discussion followed on Homeowner's Associations and Assessment District Funds and what the Funds cover. Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments suggested it may need to be revisited and added, "Originally, those Assessment Districts transferred money to the General Fund to pay General Fund costs." Deputy Mayor Brown said, "So, there should be no additional costs ?" Manager Smith stated, "If there is, we need to adjust the allocation." City Attorney Anthony A. Garganese commented on the City Commission's annual Assessing of the Rolls. Commissioner Bonner recommended that Manager Smith look at the "Allocation or the portion of the Assessment that is being funded into the City, is it covering the cost? My guess is there probably has been no CPI (Consumer Price Index) adjustment." Manager Smith stated, "Will do." Discussion followed on the management of the Assessment District and what percentage of the Assessment Districts cover Staff salaries. Mayor Bush suggested the Manager review the Assessment covering Staff salaries. Board of Trustees: Manager Smith gave an overview of the Board of Trustees. Tape 1 /Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 4 OF 7 Discussion followed on the City's Pension Plan, and actuarial services. Manager Smith stated, "It would be my recommendation that we move forward with our new actuarial firm to provide at least the core basis for those recommendations and work with your Board of Trustees to come back to advise this Commission." Commissioner Krebs suggested, "As the person with the fiduciary responsibility, I want to see them here and I want to be part of that meeting when and if there are recommendations or discussions regarding recommendations." Manager Smith agreed and said, "Without a doubt." With further comments, Mayor Bush remarked, "I think we should include the Board of Trustees one way or another." Manager Smith added, "That will be coming back to you for consideration in the very near future." Code Enforcement Board: Captain Glenn Tolleson, Code Enforcement Bureau, Police Department presented basic information on the Code Enforcement Board. Discussion followed on recently added legal representation for this Board. Commissioner Krebs asked Attorney Garganese to bring back a report from Kate Latorre, Assistant City Attorney on how she thinks the Code Enforcement Board Meetings are going. Attorney Garganese nodded in agreement. Further comments followed on a Meeting with the Chairperson; and revised scripts. Next, Members of the City Commission discussed Term Limits, and assigning Seat assignments to Code Enforcement Board Appointments. Attorney Garganese noted that such changes would be done via an Ordinance. Commissioner Krebs suggested that Alternates would also need to be considered with such changes. Deputy Mayor Brown stated, "I agree with you. I would like to see it being by Seat." Deputy Mayor Brown also commented on his preference for term Limits. Mayor Bush remarked, "There is Consensus here that Kevin (Smith) could work with Anthony (Garganese) on this." Manager Smith confirmed the comments and noted, "Term Limits and Seat Appointments (for the Code Enforcement Board)." Discussion followed on what the Term Limits should be. Commissioner Krebs and Commissioner McGinnis suggested the Commission be given options. Manager Smith commented, "We will bring it back as an item and give you all some time to think about it." Furthermore, concurrent Terms with the City Commission was suggested as well as staggered terms. Staggering the Terms of Office for the Board of Trustees was also briefly addressed. Commissioner Jean Hovey and Commissioner Krebs agreed that they should also be staggered. Manager Smith agreed with consistency across the Boards. Further discussion. Manager Smith asked the City Commission if they thought that Advisory Board and Committee Members should continue to be compensated? Commissioner McGinnis suggested this practice be ended. Discussion followed on Code Enforcement Board Meetings and practices. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 5 OF 7 Districting Commission: Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented background information related to the Districting Commission. Board of Adjustment: Discussion followed on the Board of Adjustment with Mr. John Baker, AICP, Senior Planner, Community Development Department. Criteria; Waivers; and recommendations to the City Commission were addressed next. Deputy Mayor Brown asked if the City Commission or the Planning and Zoning Board/Local Planning Agency could handle matters that might come before the Board of Adjustment. Discussion ensued on whether this Board was needed. Deputy Mayor Brown suggested, "Maybe we could ask the City Manager to bring through the abolition of this board on Consent for the next Meeting." Commissioner Krebs stated "Okay." No objections were noted. Mr. Baker commented on encouraging residents to meet Code requirements. Mr. Stevenson noted, "I would like the option as we prepare the Agenda Item — that we are able to review it in a little bit more detail." Manager Smith stated, "Absolutely." Manager Smith then explained, "We will come back with an Agenda Item to the Commission, to consolidate, I believe is the direction the Board of Adjustment with the Planning and Zoning Board(/Local Planning Agency)." Commissioner Bonner said, "Well said." No objections were voiced. Planning and Zoning Board/Local Planning Agency: Mr. Stevenson gave an overview on the Planning and Zoning Board/Local Planning Agency. Amendment 4 was briefly discussed. Discussion followed on why some Boards and Committees have five (5) or seven (7) Members. Mayor Bush commented on membership and suggested, "If P and Z (Planning and Zoning Board/Local Planning Agency), which is probably one of the busiest Boards we have, only has five (5), I don't think we need seven (7) on these others." Manager Smith asked, "Would the Commission be of the mindset to immediately, maybe through attrition, have no Reappointments to those two (2) Boards ?" Mayor Bush suggested that most Boards have only five (5) Members. With further comments on reducing the number of Board Members, Mayor Bush suggested, "I think through attrition." Commissioner McGinnis noted, "I think that is the only way." No objections were voiced. Manager Smith then also suggested, "If that is the Commission's pleasure, I would recommend we do it through attrition." Mayor Bush added, "You have to do an Ordinance too, wouldn't you, to change these — well maybe that is something that should come back for the Commission to discuss and Vote on." Next, Commissioner McGinnis suggested a Senior Center Committee could be helpful. Tape 2/Side A CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 6 OF 7 Mr. Stevenson mentioned two (2) new Advisory Boards that need to be formed as documented in the City's Comprehensive Plan. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department commented on a new Advisory Board related to Trails. Costs related to Staff time were addressed next. Discussion followed on the make -up of the Committee Members, including a possible student member; and what funding is needed for these new Advisory Boards. Commissioner Krebs suggested this come back at another City Commission Meeting for consideration. Further discussion followed on the criteria for new Appointees. Commissioner Krebs asked when the next City Newsletter would be going out; to which Manager Smith stated, "Sometime hopefully very soon." Commissioner Krebs then noted, "If something like this did pass, that would be an opportunity as well to advertise for it." Mr. Stevenson added, "I would think that when we bring an Agenda Item forward we would write part of that Agenda Item with a - timeline as well as any requirements that we feel are necessary for Members — of this Board to have, and we would bring that forward as a packet for consideration by the Commission at that point." Commissioner Hovey mentioned safety and liability concerns if a student Member was considered. Deputy Mayor Brown thought that any Advisory Boards that were involved in spending City funds, that such Members should be adults. Mr. Stevenson commented on Trail inter - connectivity with other cities and the County; and Commissioner McGinnis noted that as it relates to Winter Springs, "When this comes back to us, I would be interested to know how many miles of trails there are currently, and what is the projection for the potential for the future." Mayor Bush suggested, "I would like to recommend that we consider not paying any new Committees, the twenty-five (dollars) ($25.00) - and that we phase out the payment of the twenty-five (dollars) ($25.00) — as people are replaced or their Term expires." Deputy Mayor Brown suggested, "Maybe the Manager can bring that back as a Consent item as well ?" Commissioner Krebs suggested, "I think you should just phase the whole thing out and not piece it out by person." Manager Smith remarked, "Mayor, if we do that, can I recommend that maybe we do it at the end of a Fiscal Year; maybe do it throughout this Fiscal Year, then cut it off?" Mayor Bush stated, "Yes. I think even these new Boards shouldn't - go until the new Budget year. Because, again, even if we don't pay them, the Clerk's are going to have overtime; she has got to factor that into her Budget, and present it." Commissioner McGinnis recommended, "I don't think that we should phase out the twenty-five dollars ($25.00), I think we just do away with it." Manager Smith stated, "If that is the Commission's direction on the funding, I will incorporate that in our Budget cycle, and when we have our Budget discussions I'll remind the Commission that we will not be moving forward with funding of those Boards, and Andrea (Lorenzo - Luaces, City Clerk), if you could help me with the recollection on that." Furthermore, Manager Smith explained, "In the Budget cycle for the upcoming Budget at the end of this Fiscal Year, we will remove the funding for all the Boards. Any new Boards that are created, I think it is this Commission's desire, not to pay those new Boards." Discussion ensued on whether Commission Appointments be done by District Appointments or not. Commissioner Krebs stated, "I think we can look at that and discuss this then." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 7 OF 7 Mr. Chuck Pula, Director, Parks and Recreation Department commented on a new Parks and Recreation Advisory Board and spoke on the merits of such a Board. Discussion followed on balancing the Members; having a senior component on this Board; and that on this Board, that there should probably be more than five (5) Members. Mr. Pula also noted, "I think things can be covered - effectively, without meeting on a monthly basis." Deputy Mayor Brown stated, "Yes." Commissioner McGinnis stated, "Good." No objections were voiced. Commissioner Bonner departed the Workshop at 8:01 p.m. Deputy Mayor Brown and Commissioner Krebs suggested this new Advisory Committee have nine (9) Members and also suggested that Mr. Pula should advise the City Commission as to how many Members he thinks there should be. Attorney Garganese explained about a process that he and the City Manager were considering related to handling "Administrative Appeals of interpretation decisions of the Building Official and the Fire Marshal." In other City business, Mayor Bush mentioned the upcoming Tri -County League of Cities Luncheon Meeting and to inform the City Clerk if anyone was going to attend. ADJOURNMENT Mayor Bush adjourned the Workshop at 8:02 p.m. RESPECTFULLY SUBMITTED: AN ! ORENZO- LUACES, MMC CLERK APPROVED: , • MA R JOHN F. $USH ^ -• NOTE: These Minutes were approved at the February 22, 2010 City Commission Regular Meeting. ATTACHMENT «B„ ORDINANCE NO. 2010 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE UNIFORM REQUIREMENTS FOR CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, amending the uniform requirements for City boards and committees will streamline and provide efficiency for the City; and WHEREAS, amending the uniform requirements for City boards and committees will be economically efficient for the City; and WHEREAS, the City Commission desires to appoint City board and committee members to staggered terms; and WHEREAS, the City Commission desires to appoint board and committee members to corresponding seats; 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, '1HE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapters 2 and 14 are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicates unchanged text that has been omitted from this Ordinance. (It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** -- . t . ' 1 1 1 t 1 1 1 - t 1 1 . 1 1 1 I I I - - 1 1. 1 1 11 1 • t i •u . • •'• n W. . • • • •I . ■t • .n II u , i • Into - • - 11 • -. - I • a . • 11 • r $ ., • IR_ • ■ 1 t .1 t 11 1 1 I • :.. City of winter Springs Ordinance No. 2010 -14 Page 1 of 6 1/1 • 11 ` 1 1 • as • h 11 ►I 1 .I • . r IP V - L• • • •A • •■• • nil of anrreimbursement7 Sec. 2-42. Appointments of boards and committees. - (a) Purpose. The purpose 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. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provisions of this section shall prevail. (b) 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. (c) 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: (1) Complete a board or committee application as prescribed by the city commission; (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 guilty, 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 temuval of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty (30) day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. City of Winter Springs Ordinance No. 2010 -14 Page 2 of 6 (2) For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (3) All appointments :. . " " • • . • • 11 11 . ' . • 11, .11 . • • ~ • • s 1 • to a city boards and- or committees are not effective until the appointment is ratified by majority vote of the city commission. 4) 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) Removal of members. 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. ALoarc -or m :i•.• , ,.: . . s 1A 1 • . •11 - 1111 • 1111 .. •, 11 11 11 . • . . 1 AI • • 1 1111 s - - 11 -• • 11 • 1 • 1 ..1 1 . ••. 111 e - . 1111 � 1 1 • 11111 1 , . • • . : ■ 1 • , . 1 1 - . In V4Jtt.41 li 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, such vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (c) (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve fourthrec -year terms and may be reappointed for subsequent fg threc -year terms . All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. If a member-is . - • 1 • ••• 11 1 . 11111 111 1 • .1 �w i 1 11 WI: • . r u 11 .11 : . 1 . 11 ' 11 • • 11 • , 1 • . 11 1111 11 1 1 • • 1 1 11 1 - 11 , 1 - .1111 . se .1 t : 1.1 _ 1 1 1 . 1 1 1 1s n11 11 .1 1 : - we . - ' , , • ■ . • •, . • 11 1 1 .1 ■ 1 • • • . 1 , • • 1 1 1 111111 1.4 - - • 11 :1 1 1111 1 • 1 1 01 111 . 1 • 11 (f) g Absences. Unless otherwise provided by state or federal law, or for boards and committees that regularly meet on a quarterly or less more frequent basis, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting ofthe board or committee within a twelve - month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month period. Any meeting which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. (g) (h) Chairmanships. Unless otherwise provided by state or federal law, 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 City of Winter Springs Ordinance No. 2010 -14 Page 3 of 6 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. f'&j(i,1/11ternate 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 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 any 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. (i) fMultiple board or committee membership. No member of any appointed board or committee of the City of Winters Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. Secs. 2- 43- -2-55. Reserved. ' Sec. 2 -56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. Sec. 2 - 57. Membership; appointment; qualifications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with Section 2- 42(d). Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. City of Winter Springs Ordinance No. 2010 -14 Page 4 of 6 * ** Sec. 2 - 76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS "). Sec. 2 - 77. Composition; appointment of members. BOWS shall consist of five seveir(-7-)-membe , HI • • . •••• t • • 11 • • • . •111. ' • . 1111 1 • • .. • • .1 1 • 1 I.I. ` . . to be appointed and removed in accordance with Section 2-42. * ** Sec. 14 Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who • shall be appointed . - . 1 • . . 11 • . and removed as set forth in Section 2 -42. 1Y*.1 1 .I • 1 1rl r • I : • • • • 1../ . • 11 . • .1 I • • wq - - - • •. • • •I • - .1 • ,. .. • 1• R • .. 11 11. ••I. w 111V • 1'• 1A •.11 .I • .wI/ .,.1• • • Iw • .. 1 • • • w •. • .I III • 1 r• 1t . t 1 .Iwi • / .11 • r, • •1 • ' • .11•1 11 • 11 11 •' • • • • 1 � 1 .1 • 11 .7 • 1111 • 1 11 1I � : . • • **oil • • - 11 • • - II 1 , .Ir .. •• • n1 • • • • 1 • • • , 11: - . I • All w1 . . 11 (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. (d) Staggering of Terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 City of Winter Springs Ordinance No. 2010 -14 Page 5 of 6 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, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -14 Page 6 of 6 ORDINANCE NO. 2010 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE UNIFORM REQUIREMENTS FOR CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, amending the uniform requirements for City boards and committees will streamline and provide efficiency for the City; and WHEREAS, amending the uniform requirements for City boards and committees will be economically efficient for the City; and WHEREAS, the City Commission desires to appoint City board and committee members to staggered terms; and WHEREAS, the City Commission desires to appoint board and committee members to corresponding seats; 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 COMMIISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 1 Code Amendment. The City of Winter Springs Code, Chapters 2 and 14 are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicates unchanged text that has been omitted from this Ordinance. (It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * 1 • • • 1 I I I I I A • • 1 I • 1 • • l1 1 . • 111 , N • •r. X11.11 �� 11 1111 • •' wl . 1 • . .1 • :: • -'. 1 1/ milt_ . 1 1 1 t .1 • 111 1 m / - .1 1 •A •1. City of Winter Springs Ordinance No. 2010-14 Page 1 of 6 • . . . • : . . : : ... • . • • ..: . • : • , . ; • , • of any rcirnbursamc 1t. Sec. 2 -42. Appointments of boards and committees. (a) Purpose. The purpose 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. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provisions of this section shall prevail. (b) 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. (c) 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: (1) Complete a board or committee application as prescribed by the city commission; (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 guilty, 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 u,ed removal of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: 0l,) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty (30) day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. City of Winter Springs Ordinance No. 2010 -14 Page 2 of 6 (2) For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (3) All appointments . . . • • •••• • ., ., • . • • • to a city boards and- or committees are not effective until the appointment is ratified by majority vote of the city commission. (4) 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) Removal of members. 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 -bvaid oi • . .... • • -- .•• •,•• • •, .. • . - , • • ... • ui vcstcd si 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, such vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (e) (f1 Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve fourthree -year terms and may be reappointed by the . ity commission for subsequent fourth' cc -year terms . All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. If a m.,,nber is • • • - , . •• • - - - . • ..' - . • • • - • , .. • • - - - - • - •11/ - - - • • i , • • • : . . - - - • • • , . - -- • , . .••, • • ..• 1 .' • ' ..• •• • • -- • (3 (g) Absences. Unless otherwise provided by state or federal law, or for boards and committees that regularly meet on a quarterly or less more frequent basis, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve -month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month period. Any meeting which is cancelled, other than for lack of a quorum, shall not be counted for purposes of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward automatic removal. (g) (h) Chairmanships. Unless otherwise provided by state or federal law, 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 City of Winter Springs Ordinance No. 2010 -14 Page 3 of 6 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) 01 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 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 any 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. (+)-(j) Multiple board or committee membership. No member of any appointed board or committee of the City of Winters Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees oftemporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. Secs. 2- 43- -2 -55. Reserved. Sec. 2 -56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. Sec. 2 -57. Membership; appointment; qualifications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with Section 2- 42(d). Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. City of Winter Springs Ordinance No. 2010 -14 Page 4 of 6 * ** Sec. 2 -76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS"). Sec. 2 -77. Composition; appointment of members. BOWS shall consist of five sevcn (7) members, • . - • • • • . • • .. • • • • • • • - • • • • • .. to be appointed and removed in accordance with Section 2 -42. * ** Sec. 14 -52. Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed • .. • . . • . and removed as set forth in Section 2 -42. • • . - - - • - - • - . .. • • - - •• • - - - • . ' , • - • • - • • • - - - • •. - •. • - • 1 • • • • - . - - , • - - , •• . - • . • - • • • , - . . _ - • - • • • . • - - • (b) The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. (d) Staggering of Terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 City of Winter Springs Ordinance No. 2010 -14 Page 5 of 6 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, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24 day of May, 2010. c A)V JO v7 . BUSH, Mayor ATTENT: 1 . A NZO- LUACES, City Clerk Approviid as to legal form and sufficiency for the City i inter Springs only: ANTHO ` A. GARGA ESE, City Attorney First Reading: May 10, 2010 Second Reading: May 24, 2010 Effective Date: May 24, 2010 City of Winter Springs Ordinance No. 2010 -14 Page 6 of 6