HomeMy WebLinkAbout2001 10 29 Regular B NEW Board Committee Application
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing
Regular X
October 29, 2001
Special Meeting
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Mgr. /
Authorization
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t.
REQUEST:
The City Attorney and the City Clerk requests the City Commission consider for
approval an Application for Advisory Board/Committee Members.
PURPOSE:
In accordance with Ordinance 2001-49, The City Commission is required to
approve an Application for Advisory Board/Committee Members. The proposed
application is being submitted for the City Commission's approval.
CONSIDERATIONS:
. The First Reading of Ordinance 2001-49 was held at the October 8, 2001
Regular City Commission Meeting.
. The Second Reading and Final Approval of Ordinance 2001-49 was held at
the October 22, 2001 Regular City Commission Meeting.
· Pursuant to the approval of Ordinance 2001-49 was the requirement that the
City Commission approve a standard Application that will be submitted to
each of the City's current Advisory Board/Committee Members.
. Any individual being considered as an Alternate (also stipulated in Ordinance
2001-49) for any of the City's Advisory Boards or Committees will also be
required to compete and submit an Application.
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - OCTOBER 22, 2001
REGULAR AGENDA ITEM "E"
PAGE20F2
· Any individual that expresses an interest in serving on one of the City's
Advisory Boards or Committees will also be asked to complete an application.
· All completed applications will be kept on file in the Office of the City Clerk.
e Completed Advisory Board/Committee Applications will be forwarded to
Members of the City Commission upon request; and when
Appointments/Reappointments arise.
· Note: Some of the questions on the proposed Advisory Board/Committee
Application were obtained from a Memorandum and Report received from the
Department of State which references the "Report of Minority and Physically
Disabled Appointments." The City of Winter Springs will be required to
complete this Report and data listed on the Advisory Board/Committee
Applications will assist the City with acquiring the appropriate information, as
provided for by law.
RECOMMENDATION:
It is recommended that the City Commission approve the attached Application,
with or without any revisions.
ATTACHMENTS:
A. Proposed Advisory Board/Committee Application.
B. Copy of Ordinance 2001-49.
C. Copy of a Memorandum from the Department of State referring to the "Report
of Minority and Physically Disabled Appointments."
COMMISSION ACTION:
ATTACHMENT
"A"
CITY OF WINTER SPRINGS
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
City Code requires prospective and existing board members to fill out an application.
Please complete the following in the space provided:
A. GENERAL
1. Name:
2. Home Address:
3. Home Telephone:
4. Occupation:
5. Business Telephone:
B. ELlGIBILllY
The information provided in this section is for purposes of determining whether you are
eligible to serve on a City advisory board or committee.
1. Are you duly registered to vote in Seminole County:
(Y)_ (N)_
(Y)_ (N)_
2a. Are you a resident of the City of Winter Springs:
2b. If yes to 2a, how long have you been a resident?
3a. Have you ever been convicted or found guilty, regardless
of adjudication. of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y)_ (N)_
3b. If yes to 3a, please provide a brief description and date of felony conviction:
4a. Do you presently serve on any other City of Winter
Springs advisory board or committee?
(Y)_ (N)_
4b. If yes to 4a, please list each:
S. City ordinance requires that all persons applying for a City advisory
board or committee must voluntarily consent to a standard
criminal background check before being appointed to a
board or committee. Do you vOluntarily consent to having a
standard background check being performed on you by initials
the City of Winter Springs? (Y)__ (N)_
6a. Are you related to a City of Winter Springs Commission
member by blood, adoption or marriage?
(Y)_ (N)__
6b. If yes to 6a, please provide relation:
C. rNTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. Briefly state any prior experiences in serving on any governmental board or
committee:
3. In numerical sequence (1 - most interested), please rank which advisory board or
committee you wish to serve:"
Board of Adjustment
Board of Trustees
Beautification of Winter Springs Board
Charter Review Committee
Code Enforcement Board
a.
b.
c.
d.
e.
f. Oistricting Commission
g. Oak Forest Wall and Beautification District Advisory Committee
h. Planning and Zoning Board/Local Planning Agency
I. Tuscawilla lighting and Beautification District Advisory Committee
"Please see attachment for description of the advisory board or committee.
2
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to
the Secretary of State disclosing race, gender and physical disabilities of board and
committee members. Please check the appropriate boxes:
RACE
GENDER
African-American
Asian-American
Hispanic-American
Native American
Caucasian
Male
Female
Not Known
DISABILITY
Not Known
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF WINTER SPRINGS, UNDER PENALTIES
OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND
ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF WINTER
SPRINGS HAS THE RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR
PUBLIC OFFICERS [SECTIONS 112.311-,326, FLORIDA STATUTES] AND THE
FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY
PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR
COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO
COMPLY WITH SUCH LAWS.
Signature:
Date:
Please return to: City of Winter Springs
The Office of the City Clerk
1126 East State Road 434
Winter Springs, Florida 32708-2799
3
For Office Use only:
Date Appointed:
Board Appointed:
Appointed By:
Term Expires:
F'\DOCSIC,ly orWinrer $prings\FormslApplication for ApPointment-Board I..'ember
4
ATTACHMENT
"B "
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 FOR A 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 AL TERNA TE
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 92(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 perfonned 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 unifonn 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 1 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.
(ill 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.
The provisions of this 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.
{fl 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 by the city commission;
City of Winter Springs
Ordinance No. 2001-49
Page 2 of 5
ill Consent to a standard criminal background check:
ill Be duly registered to vote in Seminole County:
ill Be a resident as defined in this section; and
ill Has never been convicted or found guilty. regardless of adjudication. of a felony in
any iurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of this paragraph.
@ 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 maiority vote of the city commission. Board and
committee members shall serve at the pleasure ofthe 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.
ill Term. 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.
ill 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 maiority 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 orovided 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 ofthe 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
\ \\ \
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, . ..,) J
ADOPTED by the City Commission of the City of Winter Spril)gs,,~Florida, in a regular
. , ..' .) , I,
meetmg assembled on the ~ day of October '. ')1,:' ',' ,', , ...
, J" .,.! ,
'., . . I
NZO-LUACES
Approv s to legal form and sufficiency for
of inter Springs only
nthony A. Garganese, City Attorney
First Reading: Sep tember 24, 2001
Second Reading: October 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
ATTACHMENT
"c"
IJIVISIONS OF FLORIIJA IJEPARTMENT OF STATE
Office of Ihe Secretary
Office of Intemational Relations
Division of Elections
Division of Corpornlions
Division ofCulturdl Affairs.
Division of H:~torical Re~o'lTces
Divisioll of Library and Infom13tiol1 Services
Divisioll of Licensing
Di\"isiol1 of Administrative Services
MEMBER OF THE FLORII)A CABINET
St:lte Board of Education
Trustees of the Inlcmallmprovement Trust Fund
Administration Commission
Florida Land and \Vatcr Adjudicatory Commission
Siting Board
Dh"isi011 of UOIl~ Finallc:n~
Dcpartnll.:nl of Law Enforce11lClIl
Department of Highway Salcry and MOlor Vehicle.:'
Department of Veterans' :\mlirs
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of Slate
DIVISION OF ELECTIONS
RECEIVED
SEP 0 7 dWl
MEMORANDUM
elT', OF WINTER SPRINGS
CITY HALL
TO:
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
FROM:
L. Clayton Roberts, Director
Division of Elections
DATE:
September 4,2001
SUBJECT: Report of Minoritv and Phvsicallv Disabled Appointments
Section 760.80, Florida Statutes, requires statutorily created decision making or regulatory
boards, commissions, councils, or committees to submit a report to the Secretary of State
annually by December 1. This report discloses the number of appointments made during the
preceding year from each minority group and the number of non-minority appointments made,
expressed both in numerical terms and as a percentage of the total membership of the board,
commission, council, or committee. In addition, information must be included in the report
detailing the number of physically disabled persons appointed to the boards, commissions,
councils and committees in the previous calendar year.
We are providing this notice to you in order that you can advise those respective boards,
commissions, councils, and committees created by general or special act of the legislature that
f~:lc.: within i.hp nvpn:iuhr ()fV()l1r ~o-pnr."
A copy of the report must also be submitted to the Governor, Speaker of the House of
Representatives, and President of the Senate.
Enclosed for your convenience is a copy of the applicable statute and a form to assist you with
this reporting requirement.
Enclosures
The Capitol . Room 1802 . Tallahassee, Florida 32399-0250 . (850) 413-9736 or (850) 413-9743
FAX: (850) 414-6448 . WWW Address: http://www.dos.state.n.us . E-Mail: election@mail.dos.statejl.us
statutes->View Statutes,.>2001->Ch0760->Section 80: Online Sunshine
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Select Year: ~
iii
The 2001 Florida Statutes
Title
XLIV
Civil
Rights
760.80 Minority representation on boards, commissions, councils, and committees.--
~hap-ter 760
Discrimination In The Treatment Of Persons; Minority
Representation
View Entire
~hap-ter
(1) It is the intent of the legislature to recognize the importance of balance in the appointment of
minority and nonminority persons to membership on statutorily created decision making and
regulatory boards, commissions, councils, and committees, and to promote that balance through
the provisions of this section. In addition, the legislature recognizes the importance of including
persons with physical disabilities on such panels. Furthermore, the legislature recognizes that
statutorily created decisionmaking and regulatory boards, commissions, councils, and committees
playa vital role in shaping public policy for Florida, and the selection of the best-qualified
candidates is the paramount obligation of the appointing authority.
(2) As used in this section, "minority person" means:
(a) An African American; that is, a person having origins in any of the racial groups of the African
Diaspora.
(b) A Hispanic American; that Is, a person of Spanish or portuguese culture with origins in Spain,
portugal, Mexico, South America, Central America, or the Caribbean, regardless of race.
(c) An Asian American; that is, a person having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian
Islands prior to 1778,
(d) A Native American; that Is, a person who has origins in any of the Indian Tribes of North
America prior to 1835.
(e) An American woman.
(3) In appointing members to any statutorily created decision making or regulatory board,
commission, council, or committee of the state, the appointing authority should select, from
among the best-qualified persons, those persons whose appointment would ensure that the
membership of the board, commission, council, or committee accurately reflects the proportion
that each group of minority persons specified in subsection (2) represents in the population of the
state as a whole or, in the case of a local board, commission, council, or committee, in the
population of the area represented by the board, commission, council, or committee, as
determined pursuant to the most recent federal decennial census, unless the law regulating such
appointment requires otherwise, or persons of the underrepresented minority group cannot be
recruited. When appointing members to a statutorily created decision making or regulatory board,
commission, council, or committee which was created to address a specific issue relating to
minority persons, the appointing authority should give weight to the minority group that the
board, commission, council, or committee was created to serve. If the size of the board,
commission, council, or committee precludes an accurate representation of all minority groups,
appointments should be made which conform to the requirements of this section Insofar as
possible. If there are multiple appointing authorities for the board, commission, council, or
committee, they shall consult with each other to ensure compliance with this section.
(4) Each appointing authority described in subsection (3) shall submit a report to the Secretary of
State annually by December 1 which discloses the number of appointments made during the
preceding year from each minority group and the number of nonminorlty appointments made,
expressed both In numerical terms and as a percentage of the total membership of the board,
commission, council, or committee. In addition, Information shall be Included in the report detailing
the number of physically disabled persons appointed to boards, commissions, councils, and
committees in the previous calendar year. A copy of the report shall be submitted to the Governor,
the Speaker of the House of Representatives, and the President of the Senate. In addition, each
appointing authority shall designate a person responsible for retaining all applications for
appointment, who shall ensure that Information describing each applicant's race, ethnlclty, gender,
physical disability, if applicable, and qualifications Is available for publiC inspection during
reasonable hours, Nothing In this section requires disclosure of an applicant's Identity or of any
other information made confidential by law.
(5) This,section applies to appointments and reappointments made after January 1, 1995. It does
not prohibit a member of a decislonmaklng or regulatory board, commission, council, or committee
statutes-> View Stat1rlrt<m~~~QJn?aCJ?rt;P tgeQ,-f~~1j9P.s~~: ~fMi'!}~~JJru\~iAtt takes effect. A person
appointed to a decisionmaking or regulatory board, commission, council, or committee before
January 1, 1995, may not be removed from office solely for the purpose of meeting the
requirements of this section.
Page 2 of2
History.--s. I, ch. 94-213.
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Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers
should be consulted for official purposes. Copyright @ 2000-2001 State of Florida. Contact us.
Prlvacv Statement
':-.
Florida Department of State
Commission of Office
Minority Appointment Reporting Form for 2000
Appointing Authority:
Contact Person:
Phone:
Address:
City/StatelZip:
WINTERSPRINGS
Page _ of ___
Entity:
, 'Single Multiple Appointing Authority for Board. Commission, Councilor Committee
Members Appointed by Authority in 2000:
Total Members Appointed by Authority:
Race
Appointed by
Authority in
2000
Authority
Appointees
as of 12/31/00
%
Gender
Appointed by
Authority in
2000
Authority
Appointees
as of 12/31/00
%
African-American
Asian-American
Hispanic-American
Native-American
Caucasian
Not Known
Male
Female
Not Known
Appointed by
Authority in
2000
Authority
Appointe~s
as of 12/31/00
%
Physically Disabled
** Please complete all sections. All figures should reflect ONLY appointments made by this Authority. **
Entity:
~nJSingle L Multiple Appointing Authority for Board, Commission. Council or Committee
1- ~~:m~~~~~- ~~~~inte~ ~~_AU~ho~tY~_~_~OO~ _ _.____.
i Appointed by Authority
I' Authority in Appointees
Race 2000 as of 12/31/00 %
,
I African-American
Asian-American
Hispanic-American
Native-American
Caucasian
Not Known
Total Members Appointed by Authority:
Gender
Appointed by
Authority In
2000
Authority
Appointees
as of 12/31/00
%
, ---i
I
I
I
!
!
I
Male
Female
Not Known
Appointed by
Authority in
2000
Authority
Appointees
as of 12/31/00
%
I Physically Disabled
1_ .__...._._ _______._..______O_h__. _..._
** Please complete all sections. All figures should reflect ONLY appointments made by this Authority. **
Return To: Commission of Office . The Capitol . Room 1802 . Tallahassee, Florida 32399-0250
Phone: (850) 413-9736 or (850) 413-9743 . Fax: (850) 921-1293