HomeMy WebLinkAbout2002 09 23 Public Hearings D Second Reading - Ordinance 2002-28 Administration of Boards and Committees Appointed
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing X
Regular
September 23.2002
Meeting
IS1A. 9//)/0)..-
Mgr. /
Att, /
Dept.
REQUEST:
The City Attorney requests the City Commission consider Second Reading of Ordinance No. 2002-28
that would amend the City Code to provide clarification regarding the administration of boards and
committees appointed under the City Code.
PURPOSE:
Previously the City Commission considered and adopted an Ordinance which established 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. It
provided that these procedures would be supplemental and in addition to other pre-existing provisions
of the City Code.
This Ordinance is intended to clarify the intent of the City Commission, regarding the administration
of the various City boards and committees, and clear up any perceived inconsistencies relating to
absenteeism and internal administration of the various boards and committees.
APPLICABLE LAW AND PUBLIC POLICY:
Section 2(b), Art. VIII of the State Constitution gives the municipalities the authority to exercise any
power for municipal purposes, except when expressly prohibited by law.
Section 2-42, of the City of Winter Springs Code of Ordinances, establishes regulations for the
appointments of boards and committees.
Page 1 of 2
CONSIDERA TIONS:
A. There has been considerable confusion among board members and staff as to the applicability
of section 2-42 which affect the administration of the various boards and commissions, in
relation to the procedures adopted elsewhere in the Code.
B. This Ordinance should clarify the confusion and provide uniform and consistent regulations
in a single location within the Code.
C. This Ordinance provides a uniform standard to determine when a board member should be
removed for excessive absences, and provides for latitude in such a standard where certain
boards are meeting more frequently than minimally required by the Code. Such requirement
is subject to state and federal law.
STAFF RECOMMENDATION:
The City Attorney recommends that the City Commission approve this Ordinance on Second
Reading.
ATTACHMENT:
Ordinance No. 2002-28.
COMMISSION ACTION:
The City Commission previously directed that an ordinance be presented to clarify board and
committee code provisions.
Ordinance was approved on First Reading on September 9,2002, with one minor amendment which
eliminated the ability to have excused absenses.
F:\Docs\City of Winter Springs\Agenda \Agenda. D.BoardsandComrnittees9-23-02. wpd
Page 2 of 2
ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE OIlERA TION OF AND APPOINTMENT AND
REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS
AND COMMITTEES; PROVIDING FOR THE REMOVAL OF
INCONSISTENT PROVISIONS WlmJN THE ClTY CODE
AND CITY ORDINANCES; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUIIONS; PROVIDINGFORINCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.'
WHER.EAS, the City Commission is granted the authority, under 9 2(b), Art. VUl of the
State Constitutiol1,to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City Commission, through Ordinance number 200 1-49, amended Chapter
2, entitled Administration. of the City Code of Ordinances 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 Conunission desires to aJilend the City Code and City Ordinances to
ensure regulations regarding boards and 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 ofrhe citizens of Winter
~prings.
NOW, THEREFORE. THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Secti~rr.L Recitals. The foregoing recitaJs 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 ('l' '" *) indicate a deletion from the Ordinance of text existing in C.hapter
City Ot'Winl1..T Springs
Ordinance No 2002-211
I'ae~ J of 8
2, 1t 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
Sec. 2-42. Appointments of boards and committees.
(a) Purpose. The purpose of this ~ect,ion is to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and commirtees and to ensure that
decisions of boards and committees are in the best interests ofthe city. The purpose ofthj~ section
is also to establish uniform and ~onsistent 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 orovisions 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 1./1 v ~;5;on5 of t) ,;:> 5ectioil
~llallllut IJ", deemed tv 1~",cM or l11vJ;fy Ally city olJiul1Jlc:e 01 p'V~;;);oU oftl.e ,,;t)' ,ode. Ida:t~llg to
the (,;,tat,li::.lllli\;,Jlt VI vpl;Jatioll of any b04Jd vr cOlllm~tt'c~, but the provi5ioh5 h~'I<..ill shall be
~upplernc;nt.J 11l1d ill adwtiou to ~l1ch provi~jou~ within thl; ,;t)' Glide.
. * *
(e) term. Unless otherwise provided by state or federal law, a*ll board and committee members
shall be appointed to serve three-year terms and may be reappointed by the city commission for
:>ubst::quent three-year terms without limitation. Ifa 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 fir~L alternate member described below,
or other qualified individual, whom shall serve the remaining portion of the unexpired term.
(f) Absences. Unless otherwise provided bv state or federal law. ilA:ny board or committee
member incurring three (3) consecutive absences from any regularly scheduled meeting of the board
or committee, or seven (7) f.v<:' (5) absences from any meeting of the board or committee within a
twelve-month period (starting with the last absence and counting backward), fiolll <'my rc.gulady
scheduled mea.iug, 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
Clutomatic removal.
Cily of Winter Spring:!
OnJinunce No. 2llOl-28
P.&c] of R
(g) Chainnanship:,: Unless ot4erwise orovided bv state or federal law. cEach board and
committee shall be responsible to elect, by majority vote of the members of \:ach 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.
.. .. *
Sec. 2-57. Membership; appointment; qualifications, te'III!.
W The code enforcement board shall consist of seven (7) members to be appointed by the city
commission, TIll.. 111elllOC. ~ vf th~ bOel. d :,hall be rcsidc.nt5 of tIll... HlI:IJlic;j.Jal;l) and (lvvvint.llellts
Appointments to the board shall be in Il.cwld41I~" w;lb tl1" appl;c..lhk law II.lld ord;lIallce$ on the basis
of experience or interest in the tields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an architect, 11 businessman, an engineer, a
general contractor, a subcontractor and a realtor or as otherwise provided by law.
~ The. 4p'poihtJl/~lIt~ to the code cnforumellt VOAld 5h~1I Lc [01 l\ tel/II o[thrce. (J) }c.al.:i lluJ
Q-meUlLI,;, way L", 1 ~appvilltcd uliOn approvM of the ,it} C.Ollhlli5~iou. APPO;utlll(..llB to Cll allY
Ii aCall<.) Oil the. ~ufol\..elJ ,ellt LVjll d jLaJl be. [01 t.I1e I emcliuJ~l of the ulI\..^Vin;.<:! telll, of office. ffany
lllenlber fajls tv att.;ud t >\00 (2) of tit, cc (J) ;JuGcG~~i~e m\..ct~llg:, witl,out \,oau~\.. "uJ withOut Pi ;or
appJ 0 yllt oftl'l;; dutiJlhall, tIle hOal J :,hll.lI declat e tllC me..llber's o!E.\,oc yac.ant clud tl,,, \,oity COIIIll';5~;OII
~halJ plOlllptly fill ~uch vac.clllCy. Melikb(.I.'\ shall 3\:.H(. ~j aCcordallee ~-.,jtll tI,e Code and ilia) be
:,uspcuded and I ("lIlvved EOI caus" = 1.11 v v;ded i'l ;,udl VI Jilla:11CG5 for ['Iuoy"l vf 111l;;lIIbG!.\ ofbo<1.l d".
.- .- It
Sec. 2- 78. T'l:;J hH, oOrganization; meetings.
Tll<J Im;llIbers ofDOV,rS _,loAII be apJ.'ulllle.d for a t~lllI oftlu(.(. (J) ) I...<U 0>, tl,[cc (J) oElI,e ~tLti~1 DOWS
1II~IUL....!S ~hl1JJ b~ aj.Jj.JOilll~ reI A te.[(lI 0[(1,,(,,(. (3) y~<1.l:', lwv (2) oftll" ~lI~l;AI DO'NS Jue11lbcrs shaH
b~ appv;llted for t~II111o uft\1.o (2) yCdH, aud tM) (2) oftlll,;hl;till! DaVIS 1I1tlllbe.J5 shall be /ll,pointcd
hll lll~ t~1l11 of OuG (1) yC.cit, t.I1CICdftc:1 the t~ml$ ~llall be three (3) },,(uS. rllllll~d;dtely-upon
appoilit111\....1, tIle J Ilenlbel ;) of the DCdut; r.~ti()h of Winter Spl ;115;) ThJI1I d shalllU~~t I1lld 01 bdl';L~ and
5halJ de"t flom AwOlt/:) th~ lIIelllbclsbip II. c1laimlaJl.. a v;ce.-Ch~UI<1.lI, Alld a ~~"'Ida.), whose. terlll~
\}f ofT.\,ol,;; ~hllll be. [0. tI,e period of VIII;; (1) y~ or ullLI the;, .sU(.(.(,,;I;lO,'s are d"c.kJ IJ.Y.the III"UlLJ"l"
of till,; bV41 J. The Beautification of Winter Springs Board shall conduct such meetings as may be
necessary to properly perform its duties and functions and shall esrabJish rules or bylaws to govern
the manner in which its meetings and affairs are conducted. provided that such rules and procedur~s
are not inconsistent with federal and state law (where applicable). the City Code or direction oft~~
City or Winler Springs
Ordinoncc No. 2002-28
P~ge ) I,f S
'.-i
City Comm~~ipn.
Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code
Chapter 14 is hereby amended as follows: (underlined type indicates additions and ~trilceotrt 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 of trustees consisting offive (5) members who
shall be appointed fv. c1 lei 1/1 uf tIll...... (3) yeal:' by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The succeSSOI s Ofl!.' 01 igiJla:l appOilllC....:.
shall be appoiJ,ted for tel IllS oftl., ee (3) years by I e50h:lt;011 of the ,,;t} COlhlllissiol/, Vacancies in the
board shall be filled by the city commission 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 aoooint a member within two (2) regularly scheduled commission meetings after
a vacancy occurs or a term expires. that seat will be tilled bv the mayor. subiect to the ratification bv
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,
(...) .....lIy 1lI~1I1bel oflh\;o LUdJJ v[l1u:.t......:lIUCl)' b... (vllluvcd At aJl)' Lillie dulilig hi! teml upO!Hl
'"lijorit)' vvt~ uf tbt; vity WJl UlLi:.:.i Ull. fuly lHelllber of the boat d of trustee~ ..... ho ~j a.bseut hum mOl e
llulU t.....v (2) '-V1I:....vut; v<. lIIc.etillgs shall AutolllAtic.ally [01 fe;;t his positioll UlI tit... LUc11 J.
~ The board of trustees shall administer the city's pension plans pursuant to the provisions
contained therein 3S adopted by the city commission.
Section 4. C.hapter 18 Code Amendment. The City of Winter Springs Code
Chapter 18 is hereby amended as foHows: (underlined type indicates additions and t.tl ikeout type
indicates deletions, while asterisks (ot " .) indicate a delelion from (he Ordinance of text existing in
Chapter 1 S. It is intended that the text in Chapter 18 denoted hy the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
City of\l.}inler Srring~
Ordinance No. 2002-2&
"ase 4 of H
Chapter 18 - Taxation
.. .. "
Sec. 18-55. Creation of advisory committees.
'" '" '"
(d) Unless othenvise provided by resolution of the city commission:
(l) Each initial member of an advisory committee shall be nominated (one each) by the city
commission; however each nominee shall be confirmed by m~jority vote of the entire city commission;
(2) Two (2) members of the advisory committee first appointed, by the commissioners from scats
2 and 4, shall serve 2-year tenus and the remaining three members first appointed shall serve 3-year
terms; the successors of the originaJ appointees shall be aDDointed for terms of three (3) years, in
accordance with Chapter 2 of the City Code: by thereaftel 11I(;lJlbel~ .~hllll ~crve not nlorc thail two
(2) c.oli;:se~ut~v~ J-y\;.al tellus. persous SCI vil,g partial (erlllS sLall be cllt;t1ed t~J .sel ve tile. Plld;dl tellll
UIIJ t.....u full wI1Sec.ut;vG ]-yGal teHns; vacancies in the conunittee shall be filled by the city
commission member whose scat number corresponds with the vacant board seat subiect to
commission ratification. for the unexpired term of such vacancy, If any commissioner fails to aODoint
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, 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 Jaw (where
aPDlicable). the city code or direction of the city commission,
(4) Each advisory committee llla y elect fi om its n lelllbel;) a (.h~illll.lll .l11d sad! ufIil..l:.r~ a.:> it Ulay
de(an app,vpliak, Iluw~v\"" ,-ad, aJ";SOIJ COl1l1u:ittee 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;
Ci) 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;
(6)- 011 lll<1tt~l;:' I ~I.jU;1 ;Ilg a ,ote of the 1ll~llllxl ~hip uf lh<. uJ V;SOI y COIIIIII;ttcc, all lllembe.." sh.1l1
,ol<. Uldc:>:> <111 actual COlltnGllJfi,llerest ;s !.tatl,;J 011 the I ceol d.
City of WUltc:r Springs
OrJmllllce No, 2002-28
P"r," 5 (,r ~
(7) Each advisory committee shall meet not less than once quarterly failllle to aUelld till\..\.. (1)
me'till!;:> ill c1HY Oil' (1) t wc!h-lIlvlItb v,riod o! tlnce (3) cOllsc.cuti vC advisory-etmunittee I1lcet;Jl!:>;)
shall be grOunds fat lClllovaJ.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and 5tJih:..uul type
indicates deletions, while asterisks (+ · *) indicate a deletion from the Ordinance oftC>.:1 cxisting in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20 - Zoning
* * *
Sec. 20-53. Term; filling vacancies; removal of members.
The techl of offil.c oftb!; ult!ubcrs of the pial/I ling !hd LVU;Ug ~uaJ d shall lUll [lUlIl till; :.ccoud Friday
;11 July tll~ and ead, Each memher appointed shall serve as provided in ChaDter 2 of the city code for
a t"'III' o(t.....o (2) years, 01 until l.;j ;,Llc.,:;C)~O, ;5 appoillkd I1l1d l{ual;r.~. E^\.oc.pt IIUW"'''''''', t'le;. r.1:>1
board appoiuted 3ha1l1l<.!...e tc...lul::' <1;) follow:>, Seats two (2) and foul (4) 5h~1l5(.1 \ e tI,., full twu'y<:;al
tern. c.ndill.g J lily 10, 1982. Sea l~ Oil' ( I), 1 hI CC (J), Illld fi... \0 (S) shall ;',,1 v<; a VII(.4}'\..<1I kill! ~IIJ;l1!;
July 10, 1981. Vacancies on the board may be filled by the commission member whose seat number
corresponds with the vacant planning and zoning board seat subject to conunission ratification. Ifany
commissioner fails to appoint a member v,,ythin two (2) regularly scheduled commission meetings after
a vacancy occurs or a term ~xpires, Ihat seal 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 Il,y C.Olluhission fOl fa.ilul e to Pt:1 fU111I tl.c;1 dul;es CJr olher misconduct ill office 01
automatj('AII~ fOI fa;lull.. Lv dLL~IIJ till ~.\.. (3) 1/I",ct;llg~ ",,;111;11 ~IY I we! v~'lUolltll pl.! ivd vf till!" fur
purposes of. .,IIIV y ai, all ab:>\..ul.l. Ii VI!! a ~pecjldly called Illeet;llg oftll\:; bVl1l J ::.ball COullt the 5allle as
cu. absence {jom a . c.gul<LJIy "v1.",Jukd 1,,':;"1;118.
$ec_ 20-54. Reserved Appoinhllcnt of chainuAIl, \1icC'och.ai! IUdll.
Thel e 5h<\H LG c1 Cha.illllaJl cl1.d vicc-ch~;J 11I~1I of the. plc1HHull:5 'Hld LOI!iug bOaJ d 5elected flOlli alld by
the 1I1ellib\..I:>. TL<..y !.hall serve. 1\ tewl of olle (1) }'\..dl O. \lIltillLcil .1l'p<)i"lIIlG..t tll the LIJaJd ;~
tcuuiuakd, w]'id'Gve, i1\ shorter; uldcs:> :>uoucr !(,llIvved by ILc bOftrd:-
* * .
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winlcr Sprinl!~
Ordinance No. 2002-28
l'.gcGofll
Till,.. kUII vf office uftllc llllolllblol:l orlllG boAt d of lIdjujt.nent jhalll UII fl on. tile secolld 1', ida] ill July
and each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of t wv (2) yl.(u~, or wIt;] his ~tlGGe.5So[ is appointed lInd qua:ljfic;d. Except hOwever, the
GJ;)t board a,ppoi,ltcd ,,!.all sel ve tc.lIl1~ a" fullo,,",s. Scats two (2) allJ fuul (4), "llcJl "G[vC the full
two-year telll! 'lld~lg July 10, 1982. Se.!\tj Olle. (l), tlll ee (3), aJld [; ve (5) shall ser\-e a oneryear-term
cl,djll~ July 10, 1 ?aI. 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. Jf
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 till; I"olluhissiou rOI failul e to perfoml their duties 01 for othel
111iscollduct in office or <lutoll1at;Gall) [01 failul e to llttlolld tlu loG (3) nlcctill!:j;) witllill WI] t ""d " e-llJont] I
period oftimt;. fo! J.llIrpV,,(.;) (,f,c;lIlullal. (111 db~ellce r. \JIII ,uIJeciall] callc.d meetillg Clftl~
",uUllt liIl; :.allll; a:. All Ab~eJlee r. om a 1 c.gulady ~chcduk IllCC.tillg.
Sec. 20-79. Reserved A~J.1ViutJln::1I t \If el...;. ilia II, v ;lot:-\.J.d;' ,11.111.
The" shall be a ",!la;IJIlQu l:IllJ vi",~-dldiJJlIall uf tIle bO<l,d of ~djustlllcnt selected fiom and b} the
n lember~. They siIall sel ve d t..11I1 uf (Jill. (1) yeal liT Ulltil the-it <l1)1)aiullllell1 tv lhe bolll J is (1.llIullalcd,
'Wltidn; V (.1 i" ;)1101 1t;I, UlI!c;).:I .:loa lie, I emo ved by.thc-boa:rd:-
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
incunsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed 10 the extent of the conflict.
Section 7. Incorporation Tn(o 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. rf 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 ofWinl(:r Spring~
Ordini\n~c Nu. 2002-1X
P3gC 7 of ~
'I' ,-
A DOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the _ day of , 2002.
PAUL P. PARTYKA
Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Gargallese, City Attorney
First Reading:
Second Reading:. .
Effective Date:
1':\O,""'ICity "rWintcr SprinlYl"OrdinnncolDollN Comrnin- OtdO"""'..\<l>4
Cily of Wime!' Springs
OnJi.llDllce No, 2002-2X
l'u~c ~ of S
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 \VITHIN THE CITY CODE
AND CITY ORDINANCES; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDJNG FOR JNCORPORA TION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under S 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 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 desires to amend the City Code and City Ordinances to
ensure regulations regarding boards and 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 ORDAJNS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein 9Y 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 stl ikcout 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
* * *
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 TIle plOvisiol1s of this sectioli
shall not be deemed to 1 epeal 01 modify ail)! city ordiliancc 01 pro vision of tile city code I elating to
tIle establishment 01 opel ation of all)' boal d 01 comlllittees, but the plO v isiol1s Ilel cin shall be
supplemental and ill addition to such provisions within tIle cit} code.
* * *
(e) Term. Unless otherwise provided by state or federal law, a:frll 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.
(t) Absences. Unless otherwise provided by state or federal law, ~i\ny board or committee
member incurring 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), from any I egulal Iy
scheduled meetilig, 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 provided by state or federal law. etach board and
committee shall be responsible to elect, by majority vote of the members of each board or committee,
a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in
January, unless there is no January meeting, then the next meeting held. All newly established boards
and committees shall make such elections at their regularly held meeting and then annually as stated
above, Alternate members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson.
* * *
Sec. 2-57. Membership; appointment; qualifications, terllls.
EaJ The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The n,elubers of the boal d shall be f esidents of tk 111ullieipality and appointnlents
Appointments to the board shall be in accol dance witll tile applicable la \Iv alld 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.
tbJ The appointments to the code enwlcement boald sl,all be [01 a tellu of three (3) yealS and
a melllber may be leappointed upon approval of tile city COlllluissiol1. Appointn,ents to fill any
vacancy 011 the enfol cement board shall be [01 the I en,aindel of the unexpil ed telll} of office. ff-any
lIlembel [ails to attend two (2) of duet. (3) successive nlee.tiIlgs witl,out cause and \'vithout pliol
appro\'al of the chaiuuan, the board shall dedale. the Illeluber's office vaeallt alld the cit.y cOlumission
shall ploluptly fill such vacancy. Membels shall sel ve ill accoldallee witll the Code and nla} be
suspellded and rellloved fOI cause as Plovided in such ordillalll:es [01 I eluoval ofn,embels of boards.
* * *
Sec. 2-78. Terllls, oOrganization; meetings.
The member s ofDO'vVS shall be appointed WI a ternl oftlu ec (3) yt.al s, tlu co (3) of the initial DOVlS
lIlenlbels shall be appointed for a term of three (3) yeal s, two (2) of the initial DOWS II}embel s sllall
be appointed for teuns of two (2) years, and two (2) of the illitial DOWS luelubers sllall be appoilIted
fal tile tellu of one (1) yeal, thereafter the tell11S shall be three (3) yealS. lnlluediately UpOII
appoilItnlent, the mell1bel S o[the Deautification ofVv'inter Sprillgs Doard sflall nleet alId 01 ganize and
sllall elect Honl anlong the melllbership a chaiIluan, a vice-chaillllal', aIld a secletal}, wl,ose tClllIS
of office shall be for the pel iod of one (1) yeal or ulItil theil successOlS al e elected by the nlembels
of tile boal 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
City 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 offive (5) members who
shall be appointed 001 a tell II of tltlee (J) years by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The sUCoCoessOls of the original appoilltees
sltall be appoiiLted fal telms oftluee (J) years by resolution onhe Coity cOllllllission. Vacancies in the
board shall be filled by the city commission 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 two (2) regularly 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.
(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) AllY 1l1elubel of tIle boal d of trustees may be I emo ved at allY tilHe dur illg his tel III upon a
majority vote of the Coit)' c.ollliLlission. Any ll1elllbel of the boald oftlUstee.s who is abselLt fIOllllllole
titan two (2) c.onsecutive IlLeetings shall automatiCoally forfeit his positioiL Oil the hoald.
(9.td) 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 st! ikcout 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 or Winter Springs
Ordinance No. 2002-28
Page 4 of 8
Chapter 18 - Taxation
* * *
Sec. 18-55. Creation of advisory committees.
* * *
(d) Unless otherwise provided by resolution of the city commission:
(I) Each initial member of an advisory committee shall be nominated (one each) by the city
commission; 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 t1lel eaftel Illefl,bers sllall sel ve IIOt luOI e tllan two
(2) cOltsecutive 3-year terms, pelSOltS serving paltial teflllS sllall be, clttitled to seI ve tIle paltial tellu
alId t\1\lO full cOlIsec.utive 3-yeal teIllls, vacancies in the committee shall be filled by the city
commission member whose seat number corresponds with the vacant board seat subiect to
commission ratification. for the unexpired term of such vacancy. I f 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. 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 nlay elect fi om its lllelubers a c1lailluan ahd such officel s as it luay
deellI apPlopriate, 110\1\level, each advisory COllIlltittee 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 mattels lequiring a vote ortlle mellIbersllip ortlle advisory cOlIlmittcc, alllllembers sllall
vote uldess an actual cOllflict of ilItel est is stated on the I ecord,
City of Winter Springs
Ordinance No. 2002-28
Page 5 of 8
(7) Each advisory committee shall meet not less than once quarterly [(lilul e to attelld three (3)
IlIeetillgs ill allY olte (1) twelve-Illolltll reliod 01 tlllee (3) cOI,sccutive advisory COlllllllttee IlIeetillgs
shall be groUllds fOI lellloval.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and 5tl ikeout 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 and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20 - Zoning
* * *
Sec. 20-53. Term; filling vacancies; removal of members.
The tenll of office of the menlbeL5 of tIle planlIing and zolting boal d sllall lUll frolll tile secolld rriday
ill July tile altd eacll Each member appointed shall serve as provided in Chapter 2 of the city code fur
a tel III oft\1;-o (2) yeals, or ulItilllis successor is appoillted altd qualified. Except however, tile first
boald appoillted shall serve tClllIS as follows. Seats two (2) and foUl (4) sllall sel ve tile full two-year
tel nl eliding July 10, 1982. Seats Olle (1), tllree (3), altd five (5) sllall serve a oue-yeal term elldillg
July 10, 1981. Vacancies on the board may be filled by the commission member whose seat number
corresponds with the vacant planning and zoning board seat subject to commission ratification. rfany
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 cOllllllission fal failure to perfol nl tlleil duties 01 othel IlIiSCOllduct ilI office or
autollIatically fal failul e to atteud tl.l ee (3) IlIeetings withilt any lweI ve IlI0l.tl. pel iod of til/1G. fOI
pUl poses of I emoval, aII absence fi 0111 a specially called lI1eeting of the board sl.all count the sallie as
aiI abseiIce fI OIII a I egular Iy scheduled meetillg.
Sec. 20-54. Reserved Appointment of chair man, vice-chairman.
There shall be a c1lairman and vice-chaiIlllan of the plait/Illig altd wlIillg boald selected flOl1I and by
tile me/llbers. TIley sllall serve a telll} of one (1) yeal or Ulltil tlleir appoilltlllellt to tile boald is
termiiIated, whicllevel is shortel, unless soone/ /emoved by tile boald.
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
Cily of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
Tile tel III of offIce of tile IlIelllbel s of the board of adjustlllelll sll<illlllll fi 0111 tile second [01 iday ilduly
and---each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) yealS, 01 ulltilllis successor is app-ointed<uld qUcdified. Except Ilowevel, tile
fi 1st bOclI d appoillted sllCllI sel ve teflllS <is folio wS. SCdtS two (2J aile! foUl (4), sllall sel ve tile full
two-yeaI tel III elldillg July 10, 1982. Seats one (I), tllree (J), aIle! five (5) sLall serve. a OIle-year telnl'
elIding 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 tIle cOIllnlissioll fOI failUl e to perfO! III tlleil duties or fOI otller
llliscOllduct ill office 01 autolllatically fOI failul c to aUelld till ee (J) IlIeetings w itllin allY t wel ve-month
pel iod of tin Ie. [oor purposes ofrenloval, all absence fl 0111 a specially called Illeeting of die board shall
COUllt tile samG as all absence fl 0111 a I egulitdy scllcdule Illeeting.
Sec. 20-79. Reserved Appointment of chaill11an, \' ice-chaillllall.
TIle! e sllall be a c1laillllall and vice-c1litiilllall of tile boal d of adjustmellt selected fr onl alld by tile
(lIcIllbels. Tiley sllall ser vG it term of Olle (1) yeal 01 ulItil tllei! appoilltlllelIt to tile boal d is tel mjnated,
whicllever is sllortel, unless sooner lelllovcd 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 , 200'2.
L--___-..-
-liENZO-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 of Winter Springs\Ordinances\Board Committee Ordinance.wpd
City of Winter Springs
Ordinance No. 2002-28
Page 8 of 8