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Home My WebLink About2009 11 09 Regular 601 Request An Appointment To The Code Enforcement Board COMMISSION AGENDA Informational Consent ITEM 601 Public Hearings Regular X November 9, 2009 Regular Meeting gr ept. Authorization REQUEST: The City Clerk respectfully requests that a Member of the City Commission make an Appointment to the Code Enforcement Board as a result of the recent resignation of Dale Kirby. (Board Appointment) PURPOSE: This Appointment will fill a current vacancy on the Code Enforcement Board. CONSIDERATIONS: Dale Kirby recently resigned from the Code Enforcement Board. The Code Enforcement Board is a seven (7) Member Board [with two (2) Alternates], which typically meets on the third Tuesday of each month, beginning at 7:00 p.m. The Term of Service for this Board is usually for three (3) years, however, this Appointment would be through July 2011. The Code Enforcement Board is the only Board /Committee which does not have specific Seat related Appointments. As the Code Enforcement Board has specific criteria noted about its membership, the following information is included for your review: CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING NOVEMBER 9, 2009 REGULAR AGENDA ITEM "601" PAGE 2 OF 4 FLORIDA STATUTES: 162.05 Local government code enforcement boards; organization.- "(1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five member or seven- member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement hoard to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor." CITY ORDINANCE(S): The following are excerpts from the City's Code of Ordinances: Sec. 2 -42. Appointment of boards and committees. "(e) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve three -year terms and may be reappointed by 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." "(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 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. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING NOVEMBER 9, 2009 REGULAR AGENDA ITEM "601" PAGE 3 OF 4 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." Sec. 2 -57. Membership; appointment; qualifications. "The code enforcement board shall consist of seven (7) members to be appointed by the city commission. 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 enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law." Type of employment of the current Code Enforcement Board Members: Dick Crenshaw Businessman Carole Giltz Teacher James B. Pitts Businessman Gregory Roero Teacher Leah Weisman Special Education Teacher Laura -Leigh Wood Real Estate Sales Associate Vacant Hugh Fisher [Alternate I] Retired Manager /Television Broadcasting Executive Arsenio Calle [Alternate 2] Retired Vice President Bank Operations CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING NOVEMBER 9, 2009 REGULAR AGENDA ITEM "601" PAGE 4 OF 4 ATTACHMENT: A. Copy of email from Assistant City Attorney, Kate Latorre RECOMMENDATION: A Member of the City Commission is respectfully requested to make an Appointment to the Code Enforcement Board to replace Mr. Dale Kirby who recently resigned. If the City Commission is interested in possibly moving the Alternates up, and then Appointing a new individual to the Code Enforcement Board as an Alternate, it would be preferable to have a Motion for EACH move. COMMISSION ACTION: II Attachment "A" Andrea Lorenzo Iuaces From: Kate Latorre [klatorre @orlandolaw.net] Sent: Wednesday, October 21, 2009 9:58 AM To: Joan Brown; Gayle A. Coutant Cc: Andrea Lorenzo-luaces Subject: Vacancy on Code Enforcement Board Attachments: Kate Latorre.vcf Joan and Gayle, There was a quick question raised at last night's Code Board meeting regarding filling the vacancy created by Mr. Kirby's resignation from the Board. Florida law requires that any appointment to fill a vacancy on the Code Board shall be for the remainder of the unexpired term. Sec. 162.05((3)(e), Fla. Stat. Further, the City Code provides in section 2 -42(e) that if a board member resigns prior to the expiration of their term, the City Commission "may at its discretion appoint the first alternate member or other qualified individual, whom shall serve the remaining portion of the unexpired term." Thus, the City Commission is not required by law to appoint the first alternate to fill the vacancy created by Mr. Kirby's resignation, but has the discretion to do so, if it desires. Any other qualified individual may be appointed to fill the vacancy as well. Please let me know if you have any questions. Kate Katherine W. Latorre, Esq. Board Certified in City, County Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. 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