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HomeMy WebLinkAbout2002 12 09 Regular K Appointment/Reappointment to the Board of Trustees COMMISSION AGENDA ITEM K Consent Informational Public Hearing Regular X December 9. 2002 Regular Meeting ~ \ /" Mgr. / ~- Authorization . REQUEST: The City Clerk requests that Commissioner Michael S. Blake and Commissioner David W. McLeod each make an Appointment/Reappointment to the Board of Trustees (Pension Plan). The current two (2) Board of Trustees (Pension Plan) Members who have not been Reappointed as of this date - their terms of office will be expiring in January 2003. PURPOSE: As the terms of office for the current Board of Trustees (Pension Plan) Members under Seat Two and Seat Five are set to expire in January 2003, this Agenda Item is needed so that Commissioner Michael S. Blake and Commissioner David W. McLeod can each make their Appointment/Reappointment to the Board of Trustees (Pension Plan). CONSIDERATIONS: The term of office for members of the Board of Trustees (Pension Plan) is three (3) years. CITY OF WINTER SPRINGS REGULAR AGENDA ITEM uK" CITY COMMISSION REGULAR MEETING - DECEMBER 9, 2002 PAGE 2 OF 3 BOARD OF TRUSTEES (pENSION PLAN): · Vincent Giannoni - Reappointed on November 25, 2002 by Commissioner Edward Martinez, Jr. · Robert Nippes- Reappointed on November 25,2002 by Commissioner Robert S. Miller · Vernon Rozelle - Reappointed on November 25, 2002 by Commissioner Cindy Gennell The terms of office for the following individuals will be expiring in January 2003: . Mark Lammert · Mark Queen Any AppointmentsfReappointments that are not made at this Meeting, will be placed on subsequent Agendas, until the vacancies have been completed. FUNDING: None. RECOMMENDATION: It is recommended that Commissioner Michael S. Blake and Commissioner David W. McLeod each make an Appointment/Reappointment to the Board of Trustees (Pension Plan), as the current Board of Trustees (pension Plan) Members terms of office for Seat Two and Seat Five expire in January 2003. As the Board of Trustees (pension Plan) only meets quarterly, and their next regularly scheduled Meeting is slated for January 28, 2003, it would be highly preferable that all Members of this Board are seated as soon as possible so that normal business of this Board may continue, including any Special Meetings that may be needed. ATTACHMENTS: A. Copy of a Memorandum, dated October 21, 2002, sent to the City Commission outlining information pertaining to the upcoming vacancies on the Board of Trustees (Pension Plan) including letters sent to each of the Board Members; an excerpt from the City's Code of Ordinances; and related Ordinances. B. Appointment History. CITY OF WINTER SPRINGS REGULAR AGENDA ITEM uK" CITY COMMISSION REGULAR MEETING - DECEMBER 9,2002 PAGE30F3 '\ COMMISSION ACTION: ATTACHMENT "A" MEMORANDUM TO: Mayor And City Commissio\ / Andrea Lorenzo-Luaces, C~ity Clerk FROM: SUBJECT: Upcoming Board Of Trustees (pension Board) Appointments/Reappointments DATE: October 21,2002 Please find the .following information pertaining to the upcoming Board of Trustees (pension Board) Appointments/Reappointments: · A copy of the letters recently mailed to all Advisory Board/Committee Members whose terms. of office are_duelo..expire in January 20D3.. ,. · An excerpt from the Code of Ordinances, Ordinance 2001-49, Ordinance 2002- 28, and a copy of the Board of Trustees (pension Board) Member List The Appointments/Reappointments for all applicable seats will be placed on City Commission Meeting Agendas, beginning with th,e Meeting of Noyember 25, 2002. Please note that currently there is one Seat on the Board of Trustees (pension Board) which is vacant. The proposed Appointment to fill this Seat will be noted on the November 11,2002 Regular City Commission Meeting Agenda. As always, if I may be of further service, please feel to let me know. COPY: Ronald W. McLemore, City Manager Anthony A. Garganese, City Attorney Attachments DOCS/cityclerk/correspondence!commission/2002/0285.doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327-1800 October 16, 2002 Mr. Robert Nippes 430 Woodcrest Street Winter Springs, Florida 32708 Dear Mr. Nippes, As you probably are aware, your term of office as a Member of the City of Winter Springs' Board of Trustees (pension Board) expires in January of2003. I am currently in the process of notifying aU. Board Members, along with the Mayor and City Commission as to the terms of office that will be expiring. If you are interested in being considered for Reappointment, please provide both a letter of intention and complete the attached application (which is now a requirement per the passage of Ordinance 2001-49). Both documents should be forwarded to my attention, prior to.Friday, November 8,2002. At the appropriate time, I will then forward copies to the Mayor and City Commission for their review and consideration. Should you not wish to be considered for Reappointment, then please also forward this information, in writing, to my attention prior to Friday, November 8, 2002. Ifl may be of further assistance, please don't hesitate to contact me at (407) 327-5955. Sincerely, CK OF WINTER SPRINGS ~~~S:CMC City Clerk COPY: Mayor And City Commission Attachments DOCSlboardslboardo ftrustees/a 111/correspondencel2002/0025 .doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 October 16, 2002 Mr. Mark Queen 129 Cherry Creek Circle Winter Springs, Florida 32708 Dear Mr. Queen, As you probably are aware, your term of office as a Member of the City of Winter , Springs' Board of Trustees (pension Board) expires in January of 2003. I am currently in the process of notifying all Board Members, along with the Mayor and City Commission as to the terms of office that will be expiring. If you are interested in being considered for Reappointment, please provide both a letter of intention and complete the attached application (which is now a requirement per the passage of Ordinance 2001-49). Both documents should be forwarded to my attention, prior to Friday, November'8;-20Q-2:-- At theappropriatetime;-I-wiIHhen forward'copies'to" . the Mayor and City Commission for their review and consideration. Should you not wish to be considered for Reappointffient, then please also forward this information, in writing, to my attention prior to Friday, November 8, 2002. If I may be of further assistance, please don't hesitate to contact me at (407) 327-5955. Sincerely, CITY OF WINTER SPRINGS ~(J COPY: Mayor And City Commission Attachments DOCSlboardslboardo ftrusteesfa 11 Vcorrespondence12 002/0026 .doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 October 16, 2002 Mr. Vincent Giannoni 437 Lancers Drive Winter Springs, Florida 32708 Dear Mr. Giannoni, As you probably are aware, your term of office as a Member of the City of Winter Springs' Board of Trustees (pension Board) expires in January of 2003. I am currently in the process of notifying all Board Members, along with the Mayor and City Commission as to the terms of office that will be expiring. If you are interested in being considered for Reappointment, please provide both a letter of intention and complete the attached application (which is now a requirement per the passage of Ordinance 200'1-49). Both documents should be forwarded to my attention, prior to Friday, November 8, 2002. At the appropriate time, I will then forward copies to the Mayor ;;md City Commission for their review and consideration. Should you not wish to be considered for Reappointment,' then please also forward this information, in writing, to my attention prior to Friday, November 8, 2002. If! may be of further assistance, please don't hesitate to contact me at (407) 327-5955. Sincerely, CITY OF WINTER SPRINGS A' ~L ( COPY: Mayor And City Commission Attachments DOCSlboardslboardo ftrusteesla IlllcoITespondencel2 00 2/00 2 7 .doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327.1800 October 16, 2002 Mr. Vernon Rozelle 648 Redwood Drive Winter Springs, Florida 32708 Dear Mr. Rozelle, As you probably are aware, your term of office as a Member of the City of Winter Springs' Board of Trustees (Pension Board) expires in January of2003. I am currently in the process of notifying all Board Members, along with the Mayor and City Commission as to the terms of office that will be expiring. If you are interested in being considered for Reappointment, please provide both a letter of intention and complete the attached application (which is now a requirement per the passage of Ordinance 2001-49). Both documents should be forwarded to my attention, . prior to Friday, November 8, 2002; Atthe'appropriatetime;'lwill-then-forwardcopies-to....--.... --- the Mayor and City Commission for their review and consideration. Should you not wish to be considered for Reappointment, then please also forward this information, in writing, to my attention prior to Friday, November 8, 2002. If! may be of further assistance, please don't hesitate to contact me at (407) 327-5955. COPY: Mayor And City Commission Attachments DOCSlboardslboardo ftrustees/alll/correspondencel2002/0028 ,doc ~ 14-30 WINTER SPRINGS CODE leges and other conditions thereunto appertain- ing, of Title II .of the Social Security Act as amended, for and on behalf of all .officers and employees of its departments and agencies to be cavered under the agreement. (Code 1974, ~ 2-4(g)) Sec. 14-31. Custody of funds. The city clerk is hereby designated the custo- dian .of all sums withheld from the campensation .of .officers and employees and .of the apprapriated funds far the cantributian of the city, and the city clerk is hereby made the withholding and report- ing agent and charged with the duty .of maintain- ing personnel records for the purposes of this article. (Cade 1974, ~ 2-4(h)) Secs. 14-32-14-50. Reserved. ARTICLE III. PENSION PLAN. Sec. 14-51. Adopted. (a) The city does hereby elect to pravide for its employees a money purchase pension plan and ,trust, such plan ,and trust to be knawn as the "Pension Plan for the Employees .of the City of Winter Springs, Flarida" (hereafter referred to as "the plan"). The plan shall be administered by a board .of trustees as appointed in section 14-52. (b) The city daes hereby apprave and adopt the plan, a capy .of which is an fIle in the city clerk's .office and autharizes the mayor and city manager to execute the plan an behalf .of the city. The plan may be amended from time ta time by resolution .of the city commission. (c) The cost of the plan shall be paid entirely by the city fram the general fund. ' (d) The city shall be bound by the terms and canditions .of the plan. , (Cade 1974, ~ ~-6(a}-(c), (e)) Sec. 14-52. Board of trustees. (a) There is hereby created and established a baard .of trustees cansisting of five (5) members wha shall be appainted for a term of three (3) Supp. No.1 years by resalution .of the city cammissian. Each commissianer shall have one (1) appaintment to the baard. The successars .of the .original appain- tees shall be appointed for terms .of three (3) years by resalution of the city cammissian. Vacancies in the board shall be filled by the city cammission far the unexpired term .of such vacancy. (b) The board of trustees shall meet na less than quarterly to review the perfarmance .of the pensian plan and conduct such ather business as the board deems appropriate and necessary. (c) Any member of the board .of trustees may be removed at any time during his term upon a majority vote .of the city commissian. Any member .of the board .of trustees who is absent fram mare than two (2) consecutive meetings shall automat- ically forfeit his position an the baard. (d) The board .of trustees shall administer the city's pension plans pursuant to the provisions cantained therein as adapted by the city commis- sion. (Cade 1974, ~ 2-6(d); Ord. Na. 41l,,~ 1, 3-14-88; Ord. No. 554, ~ 1, 1-24-94) 934 [The next page is 9851 ,( ( \ \ , , ( '-, ~ II .-....... ..1,...-_." '. :'. ., ..:. "". ".' ", ....~: . .-.;., :(:- . '., . 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 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 ~2(b), Art. vm of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS; the -City 8ommission 'desires,--throtlgh-th.e"establishment'ofthe -position -of-.----- --_. - -- - "alternate member?? - to. the...various. boords. .and..oommissWBS;.te.-enhanee- the. public's- i'espeet..and-.-- : __.. '.' ,_; ._. '. _ confidence in the municipai 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 m. Boards, Committees, Commissions Division 1. Generally * * * Sec. 2-42. Appointments of boards and committees. W' Pll11'ose. 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 ofthis'section'shaU not-be-deemed.torepea1orm-odify any city ordinance or ' provision of the .aity.,()ode. relating,"to,.the--establishment 'o1"""operation'''of-any'board -or.--.--.--.-.------ .' committees. but the provisions herein shall be supplemental and in addition to such provisions within the city code. au Definitions. As used in this section. the terms or phrases listed in this subsection shall have the following meaning: W 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: I 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 adiudication. 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 mthe Code. all persons shall. be appointed to. and removed from city boards and committees bv maiority 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. Uti 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 Absenees. Any'board ef cemm:itteememberincurring three (3)'conseeutive absences;-orfive'~-----'" ..- .--- (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 resrularly held meeting and then .annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy-chairperson. .au 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 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. Section 3. Repeal of Prior, Inconsistent, Ordinances, .and - Resolutions;-' AU--prioru--- " . ___ _ ._.~____ 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 . ' / I,'! \. I ADOPTED by the City Commission of the City of Winter Springs, ,Florida, in a regular meeting assembled on the ~ day of October ' , L" , I,' ' Approv s to legal form and sufficiency for of inter Springs only nthony A. Garganes~, City Attorney ., First Reading: September 24, 2001 Second Reading: October 8, 2001 Effective Date: . October 8, 2001 F:\DOCS\City of Winter Springs\OrdinancesWtemate Board Members 2001-49 jpb.jd City of Winter Springs Ordinance No. 2001-49 Page 5 of 5 ORDINANCE NO. 2002-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OPERATION OF AND APPOINTMENT AND REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REMOVAL OF INCONSISTENT PROVISIONS WITHIN THE CITY CODE AND CITY ORDINANCES; 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 Commission is granted the authority, under ~ 2(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, through Ordinance number 2001-49, amended Chapter 2, entitled Administration, of the City Code of Ordinances to esta,blish. 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 desires to amend the City Code and City Ordinances to ensure regulations ,regarding boards ~d committees are consistent and not conflicting; 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 true and correct and are fully incorporated herein by this reference. Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter City of Winter Springs Ordinance No, 2002-28 Page 1 of 8 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 It It :It 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 The provisions of this section ~~~ ~~ ~~ ~~med to J cpeal or modify any city 01 dinance OJ pro v ision of the city code I elating to the establishment 01 opelatlon of any bOaId or comnnttees, but the prOvISions herem shall be supplemental and in addition to such prOvisions within the city code. * * * ( e) Term. Unless othe:rwisepm:v:ided"by-state Of. federal law; ,aAllboard a:nd,cC)mmittee.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. (f) , Absences. Unless otherwise provided by state or federal law. !:Any board or committee member incuning three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) five (5) absences from any meeting of the board or committee within a ' twelve-month period (starting with the last absence and counting backward), &0111 ail} regulally scheduled meeting, shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Any meeting which is cancelled. other than for a 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. City of Winter Springs Ordinance No. 2002-28 Page 2 of 8 (g) Chairmanships. Unless otherwise orovided by state or federal law. eEach board and committee shall be responsible to elect, by majority vote of the members of each board ot 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 n~t be elected to positions of chairperson or deputy-chairperson. * * * Sec. 2-57. Membership; appointment; qualifications, teulls. W The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The membets of the boat d shall be residents of the municipalitJ and appointments Appointments to the board shall be in acc.ordance with the applicable la vv and ordinances 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. (b1 The appointments to the c.ode enforcement board shall be for a telJU of three (3) y~rs and a Illember may be I"appointed upon apploval of the city COlllluission. Appointments to fill any vacancy on the etrl'orcenlent board shall be for the remaindel of the un{,xpiled tern} of office. If-any member fails to attend tl"JO {2} of.three{J} successive meetings without cause atld vv.thuul }li1VI ------- ---- -- ., appro'\l al of the, chait Ulan, the board sha:ll declare the membet IS office 'Yac.ant and the city commission shall promptly"fiH.such.vacauc,}I; -Members..shall serve hl Ac{,ordancc \lvith the Code and may be ',suspended atld reilloved for cause as pl'O'Yided in such ordinances rollemoval ofnlembers ofboaMs. * * * See. 2-78. Tel IDS, oOrganization; meetings. . The members ofDOVt'S shall be appointed for a tenu oftlri'ce (3) Yea1 s, three (3) of the initial DOV/S members shall,be appointed for a term of three (3) years, two (2) of the initial DO\VS nlemhers shall be appointed for terms of two (2) years, and two (2) ofthe initial DO'"VS Ihembels shaH be appointed for the teull of one (1) year, theleafter the ternlS shall be three (3) years. Inllllediately upon appointment, the members of the Deautifkatioll oPNintel Springs Doatd sha.llmeet atld organize atld shall elect from among the membership a "haluuan, a vice-chaiunan, and a secretary, whose tenns of office shall be for the period of one (1) yeat 01 until their succeS50lS ale elected by the membelS of the bOM d. The Beautification of Winter Springs Board shall conduct such meetings as may be. necessary to properly perform its duties and functions and shall establish rules or bylaws to govern the manner in which its meetings and affairs are conducted. provided that such rules and procedures are not inconsistent with federal and state law (where applicable). the City Code or direction of the City of Winter Springs Ordinance No. 2002-28 Page 3 of 8 Citv Commission. Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code Chapter 14 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 14 - Personnel * * * Sec. 14-52. Board of trustees. (a) There is hereby created and established a board oftrustees consisting oftive (5) members who shall be appointed fora. term of three (3) yeaH by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. The successors of the original appointees' shall be appointed for terms oftmee (3) years by resolution of the city commission. Vacancies in the board shall be filled by the city col11mission member whose seat number corresponds with the vacant board seat subiect to commission ratification. for the unexpired term of such vacancy. If any commissioner fails to appoint a member within nvo(2) regularly scheduled commission meetings after a vacancyoccurs--ora.term'expires:that-seat-wiHbe'filled'by-the'mayor~ .subiectto-the ratification by" .--.., - ,.. -.. .,...,. the city commission. ' (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) Arty member ofth~ board ofttustccs ma) be removed at any time during his teun upon a majolity \Jote of the city commission. An, member onIle board oftrustees ~ha is absent flam more than t\lYO (2) consecutive meetings shall automaticall) forfeit his position 011 the bOa1d. !f)(d1 The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. , Section 4. Chapter 18 Code Amendment. The City of Winter Springs Code Chapter 18 is hereby amended as follows: (underlined type indicates additions and suikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this' Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2002-28 Page 4 of 8 / Chapter 18 - Taxation 01: 01: 01: Sec. 18-55. Creation of advisory committees. 01: 01: 01: (d) Unless otherwise provided by resolution of the city commission: (1). Each initial member of an advisory committee shall be nominated (one each) by the city commissi01i~ however each nominee shall be confirmed by majority vote of the entire city commission; -, (2) Two (2) members of the advisory committee first appointed, ,by the commissioners from seats 2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; the successors of the original appointees shall be appointed for terms of three (3) years. in , accordance with Chapter 2 of the ,City Code: by thereafter members shall sene. not mOLe than two (2) c..onsecuti",e J-Jea1' terms,persons senins partial teuns shaH be entitled to sel ve the partial ternl and two fuR consecutive, J-YeaI terms, vacancies in the committee 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 two (2) regulariy scheduled commission meetings after a vacancy occurs or a term ,expires. that seat will be 'filled by the mayor. subiect to the ratification by the city commission. , , (3) Each advisory committee shall have the authority to determine its own rules and procedures, provided that such rules and procedures are not inconsistent with federal and state law (where applicable). the city code or direction of the city commission; (4) Each advisory committee may elect nom its membeiS a ellAhman and Such officeu as it may deem appropriate, however, each ad~isory committee shall designate from its members one person who shall serve as the official liaison between the advisory committee and the city; such liaison shall direct all formal communications to the city manager regarding the business of the advisory committee; (5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and in all, ways conducted in conformance with all government in-the-sunshine and open public-records laws; (G) On matters requirins a vote of the nlembership of the advisory committee, all members shall \lote unless an actual conflict of interest is stated on the record, City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 (7) Each advisory committee shall meet not less than once quarterly failure to attend three (J) , meetings in airy one (1) twelve-month period or tll1ee (J) consecutive advisory COInrl11ttee meetings sllall be grounds for removal. Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code Chapter 20 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks 'andset.forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 20 - Zoning * * * See. 20-53. Term; filling vacancies; removal of members. The tenn of office of the members of the planning and zoning board shall run from the second Pridaj' in Inly the and each Each member appointed shall serve as provided in Chapter 2 of the city code for "!i>,' a ternI oft",o (2) years, or until his successoris appointed al1d qu~ified. C'Xcept however, the rust board appointed shaH sene, terms c15 follows. Seats two (2) and fonr (4}sha:llsene the full two-year tenn ending July 10; 1982. S.eats one (1), three (J), and five (5) shaH ser ve a one-yecu term ending Jury 10, 198'1: Vacancies on the board maybeiilled by,thecommission member whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor" subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the city code by the commission for failure to penor m their duties or other misconduct in office or autom.rtic.all) for failure to attend tll1ee (J) meetings within any twelve-month petiod of time. For purposes ofremova:l., au absence from a 5p~Gia:Hy called mcc.ting of the board shall conIrt the scune as . CUI absence fiom a regularly scheduled meeting,. See. 20-54. Reserved Appointment of chah man, "ice-chair man. Ther e shall be, a chairman and vice-chairman of the planning and zoning board selected from and by the members. They shall se~e a term of one (1) year or until their appointment to the board is terminated, whichever is shorter, unless sooner remOved by the board. * * * See. 20-78. Term; filling vacancies; removal of members. City of Winter Springs Ordinance No. 2002-28 Page 6 of 8 The term of office of the membel s of the board of adjustment shall ron frOll1 the second PI iday in July "and eaGh Each member appointed shall serve for a term as provided in Chapter 2 of the code of ordinances of two (2) yeats, or until his SUCGeSSOI is appointed and qualified. Except however, the first boatd appointed shall sene tenhS as follows. Seats two (2) and fOUl (4), shall sene the full two-yeal tellll endin~ Jury 10, 1982. Seats one (1), tlllee (3), and five (5) shallser ve a one-year teml ending July 10, 1981. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant board of adjustment seat, subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission,meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall. be subject to removal from office as provided in Chapter 2 of the City Code by the Gommission for failUl e to perform theil duties or for other nnsconduGt in office or automatically for failure to attend tlllee (3) meetings within any tweI ve-month period of titae. P or pUl poses of 1 eInO v al, an absence fi om a speGially Galled meeting of the board shall count the sanle as an abs.ence fi om a regularly sGhedule meeting. See. 20-79. Reserved Appointment of (hai! man, ~ ice-thai! mall. There shall be a chairman and ~ice-chaillllan of the board of adjustment selected from and by the members. They shaH sene a tern} of one (1) year or until their appointment to the board is telminated, whichever is shorter, unless soonel removed by the board. ..~. . Section 6. 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 7. 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 8. 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 9. Effective Date. this Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. City of Winter Springs Ordinance No. 2002-28 Page 7 of 8 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of September . 2001. ~ NZO-LUACES s to legal form and sufficiency for inter Springs only Anthony A. Garganese, City. Attorney First Reading: September 9, 2002 Second Reading: September 23, 2002 Effective Date: September 23, 2002 F:\Docs\City o{Winter Springs\Ordinances\Board Committee Ordinance. wpd tJ. PAUL P. PAR'f):"'XA Mayor City of Winter Springs Ordinance No, 2002-28 Page 8 of 8 ATTACHMENT "B" BOARD OF TRUSTEES (PENSION PLAN) Mark Lammert . Appointed to the Board of Trustees (Pension Plan) on November 11, 2002 . Appointed by Commissioner David W. McLeod . Term expires January 2003 Mark Queen · Appointed to the Board of Trustees (Pension Plan) on January 24, 2000 . Appointed by Commissioner Michael S. Blake . Term expires January 2003