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HomeMy WebLinkAbout2005 06 27 Regular Item 502- Approval of 2 Alternate Board Members to Code Enforcement Board COMMISSION AGENDA ITEM 502 Consent Informational Public Hearing Regular X June 27. 2005 Regular Meeting /1---/-/ Mgr. / Dept. Authorization REQUEST: Mayor John F. Bush requests that the City Commission discuss and with approval appoint two (2) Alternate Board Members to the Code Enforcement Board. PURPOSE: The issue of adding Alternates to the Code Enforcement Board has been discussed before by the City Commission; and this Agenda Item is being proposed by Mayor Bush for Members of the City Commission to discuss and with agreement - to make two (2) Alternates to the Code Enforcement Board. CONSIDERATIONS: The excerpt from the July 9, 2001 City Commission Regular Meeting Minutes in which the issue of Alternates being added to the Code Enforcement Board was discussed under "Public Input" is attached. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 REGULAR AGENDA ITEM 502 PAGE20F4 The following text is from Ordinance 2001-49 or 2002-28 and was codified into the City's Code of Ordinances related to this issue. Of particular importance is 2-42. (h) 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. (d) 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 majority 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. (e) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve three-year terms and may be reappointed by the city commission for subsequent three-year terms without limitation. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, the city commission may at its discretion appoint the first alternate member described below, or other qualified individual, whom shall serve the remaining portion of the unexpired term. (g) Chairmanships. Unless otherwise provided by state or federal law, each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards 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. CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 REGULAR AGENDA ITEM 502 PAGE 3 OF 4 (h) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or commission, unless otherwise provided by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member. In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. (i) Multiple board or committee membership. No member of any appointed board or committee of the City of Winters Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. (Ord. No. 2001-49, 9 2, 10-8-01; Ord. No. 2001-61,92, 1-14-02; Ord. No. 2002- 28, 9 2, 9-23-02) CITY OF WINTER SPRINGS CITY COMMISSION REGULAR MEETING - JUNE 27, 2005 REGULAR AGENDA ITEM 502 PAGE 4 OF 4 Ordinance 2001-49 or 2002-28 amended the Code and added "Alternates" for Advisory Boards/Committees. A copy of this Ordinance and the related Minutes are included as Attachments. ATTACHMENTS: A. Ordinance 2001-49 B. An excerpt from the July 23, 2001 City Commission Regular Minutes which dealt with the issue of Alternates. C. An excerpt from the August 27, 2001 City Commission Regular Minutes which dealt with Alternates to be appointed to the Code Enforcement Board. D. An excerpt from the September 24, 2001 City Commission Regular Minutes which dealt with the First Reading of Ordinance 2001-49. E. An excerpt from the October 8, 2001 City Commission Regular Minutes which dealt with the Second Reading of Ordinance 2001-49. Or A. Ordinance 2002-28 B. An excerpt from the September 9, 2002 City Commission Regular Minutes which dealt with the First Reading of Ordinance 2002-28. C. An excerpt from the September 23, 2002 City Commission Regular Minutes which dealt with the Second Reading of Ordinance 2002-28. RECOMMENDATION: Mayor Bush is requesting the City Commission discuss adding two (2) Alternates to the Code Enforcement Board, and with approval by the City Commission, then two (2) Alternates could be appointed to the Code Enforcement Board. COMMISSION ACTION: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING JULY 9, 2001 I. CALL TO ORDER The Regular Meeting of Monday, July 9, 2001 of the City Commission was called to order by Mayor Paul P. Partyka at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor David W. McLeod, present Commissioner Robert S. Miller, present Commissioner Michael S. Blake, present Commissioner Edward Martinez, Jr., absent Commissioner Cindy Gennell, present City Manager Ronald W. McLemore, present City Attorney Anthony A. Garganese, arrived at 6:38 p.m. A moment of silence was followed by the Pledge of Allegiance. A Memorandum from City Manager, Ronald W. McLemore regarding the Fourth of July celebration was read by Mayor Partyka. II. PUBLIC INPUT Ms. Joanne Krebs, 1002 Taproot Drive, Winter Springs, Florida: as the Code Enforcement Board Chairperson, Ms. Krebs asked if the Commission would consider appointing two (2) additional members as "Alternates" to the Code Enforcement Board. Mr. Anthony A. Gargan ese, City Attorney arrived 6:38 p.m. Mayor Partyka asked Attorney Garganese about the appointing of two (2) alternate members to the Code Enforcement Board. Attorney Garganese stated that there can be two (2) alternate members and that he would need to review the Code. Attorney Garganese further stated, "If you appointed alternative members, you would have to set forth some procedures to set forth when they would serve as a voting member." The second issue Ms. Krebs discussed was what happens when a dog bites someone, if a police officer does not witness the incident; and our use of the Seminole County Animal Code. ATTACHMENT "A" 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. 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 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 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 . .... lhat 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 orphrasesliste&in this subsection shaH 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. if} 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 adiudication, of a felony in any jurisdiction, 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 majority 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. w 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 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. {h} Alternate members. At the discretion ofthe 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 prQyided\Vith 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. 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. - .u_._q_ 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 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ day of October , Q.1. )1)t/~- 1/ . /("""'--- . ) U 't~J PA L P. PARTYKf Mayor \j Approv s to legal form and sufficiency for of inter Springs only nthony A. Garganese, City Attorney ) First Reading: September 24. 2001 Second Reading: October 8. 2001 Effective Date: October 8, 2001 F:IDOCSICity of Winter SpringslOrdinances\Altemate Board Members 2001-49 jpbjd City of Winter Springs Ordinance No. 2001-49 Page 5 of 5 ATTACHMENT "B" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 23, 2001 PAGE 10 OF 29 CONSENT K. Office Of The City Clerk Approval Of The Minutes Of The July 9, 2001 Regular City Commission Meeting. Commissioner Miller asked about Ms. Krebs' request for two (2) alternate positions on the Code Enforcement Board and asked Attorney Garganese, "Are we pursuing that as an Item to be brought back, as an Information Item as to whether that is a good idea or not? I would like to see it pursued. What are we doing on it?" Mayor Partyka said, Mr. Garganese is going to pursue the legal aspects and when he was ready, he was supposed to bring it back." "MOTION TO APPROVE CONSENT AGENDA, EXCLUDING ITEM 'H.'" MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: AYE DEPUTYMAYORMcLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE COMMISSION THEN VOTED ON CONSENT AGENDA ITEM "H". .:..:. CONSENT H. Finance Department Requesting The Commission Approve Resolution No. 2001-32 To Proceed With The Non-Advalorem Tax Asessment For Streetlighting Within The Country Club Village Subdivision. "MAYOR, I WOULD LIKE TO MAKE A MOTION TO APPROVE RESOLUTION 2001-32 AND AUTHORIZE THE CITY MANAGER TO INSERT INTO THAT RESOLUTION A CORRECTED NUMBER, NOT TO EXCEED TEN PERCENT (10%) OF THE TOTAL FUNDS EXPENDED BY THE CITY AS ADMINISTRATION FEES OR LOWER AS IT WOULD BE REPRESENTED BY ACTUAL COSTS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTACHMENT "C" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 7 OF 24 "I AM GOING TO MAKE A MOTION TO POSTPONE THIS ITEM UNTIL OUR NEXT REGULARLY SCHEDULED COMMISSION MEETING WHICH IS - SEPTEMBER 10TH - AND THAT WILL PRESERVE THE ADVERTISING AND THAT PROPERTY WOULD BE POSTED AS THIS COMMISSION DIRECTED FOR THAT HEARING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE CLARIFIED HIS MOTION BY SAYING, "THIS IS GOING TO BE THE SECOND READING, THE ADOPTION READING, THE POSTPONEMENT MOTION IS TO PICK IT UP, RIGHT WHERE WE ARE CURRENTLY - SEPTEMBER 10TH." VOTE: DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Deputy Mayor McLeod said to Manager McLemore, "It was very clear that evening what the Commission had asked for - also reluctant that evening by your staff, that they wanted to do that. I would hope that when the Commission asks for something in the future, and I'm glad to see the Commission call them on it, that the Staff does perform what's asked of them, and not to try to read into it." Mayor Partyka added that this Commission has a policy that "For any future Rezoning, that it be posted." VI. REGULAR REGULAR A. General Services Department Requesting That The City Commission Provide Direction In Appointing Legal Counsel To Advise The Code Enforcement Board. Manager McLemore introduced this Agenda Item. Attorney Garganese then said, "I just want to point one thing out, that's not quite correct in the Agenda Item - the Florida Law does permit the City Attorney to serve as the Code Enforcement Board Attorney, however, if the City Attorney does serve in that capacity he cannot present cases to the Code Board, on behalf of the City. So the City Attorney can do either one of two things, present cases to the Board or represent the Board." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 8 OF 24 Attorney Garganese suggested, "It is a very good idea to provide training from time to time, that would be very beneficial I think, for the Board, especially if new Members are added. You should periodically update the Board regarding - case law, and what they can and cannot do." Commissioner Blake spoke of funding for an Attorney to represent the Code Enforcement Board, and inquired of Attorney Garganese, "What would you rather do? Would you rather represent the Code Board or would you rather represent the Commission?" Attorney Garganese said, "I don't have a preference." Attorney Garganese then said, "I could probably be more effective representing the Code Board." Potential conflicts of interest were then discussed. Commissioner Blake then stated, "Mayor, I am concerned that the Code Board - is one of those Boards that really does deal with people's rights. And I am concerned that - we don't give opportunities for enough training for the Code Board." Commissioner Blake then said, "I don't know if we need to provide for a full time Attorney for the Code Board, all the time. It might be appropriate in general, to have perhaps a junior member from Anthony's firm, serve on occasion when there are cases on the Agenda that may be fairly complex, to have that person available for the Code Board to use. In this particular case, I think we've already - by our previous actions decided which way to go and that is, I think we need to hire somebody from outside counsel and hopefully just keep it very short. " Tape I/Side B Commissioner Martinez said, "There are some issues however that come up, but I believe to preserve the rights of a citizen, it is more incumbent upon the City to hire an Attorney, in which case, we should have one present, if they want one present. Otherwise, I think that by a conference with you or someone in your office, that could resolve any given problem that arises and needs legal assistance, or either to have - someone physically present at the time, to dispose of one case. What I do not envision is the need for a full- time Attorney with the Code Enforcement Board." Commissioner Robert S. Miller asked Ms. Joanne Krebs, Chairperson of the Code Enforcement Board discussed how many cases may have needed the services of an Attorney over the past two (2) years. Ms. Joanne Krebs, Chairperson Of The Code Enforcement Board: spoke about training that she has received; and when an Attorney might need to be present. Commissioner Miller further said, "It would be beneficial then to the people on the Code Board if they were availed of some legal expertise, as maybe part of a Workshop where an Attorney would point out, these are the type things that you need to be aware of and then what would make you more comfortable - in those cases that come along, such as the one we just looked at in the last month or two, that an Attorney may - be present at those proceedings." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 9 OF 24 Commissioner Miller suggested, "It may not be a bad idea for this Commission to then consider some kind of a commitment, maybe financial I suppose, where we would identify maybe an Attorney who would be available from time to time, possibly not our Attorney to avoid any complications later; and provide some training - maybe each time a new person comes on board, and then on those instances where you feel you're clearly in need of some Counsel. During the proceedings, there would be someone that the - Code Board could call upon and have that person attend the meeting. Whatever that would cost, I think we just need to get a handle on that and - in the budget." Ms. Krebs further asked that two (2) Alternates be appointed to the Code Enforcement Board. Commissioner Miller said to Ms. Krebs, "I believe we are working that issue right now." Further discussion ensued on when Attorneys were formerly provided to the Code Enforcement Board and the Planning and Zoning Board/Local Planning Agency. Deputy Mayor McLeod suggested, "It would seem to me that the Chairperson should be able to - based on the Agenda requirements, should be able to call the Attorney for advice, prior to an Agenda Item. The problem is that only ends up with the Chairperson having the knowledge of what the Attorney said." Deputy Mayor McLeod further suggested, "Maybe we need to have a couple of educational programs with them. Maybe that the Attorney just needs to hold a couple of those educational programs and then the Attorney comes back and reports to us what his feelings and findings are after that, as to how to handle it." Further discussion ensued on caseload and the format of information on cases that is forwarded to the Code Enforcement Board. Ms. Krebs added, "I don't know if it is a judgement call. I don't know if it's something that comes up on an Agenda that I can speak with either the City Manager or somebody about what's coming up and the possibility of having - maybe foreseeing that. Or, better yet, why not have somebody from Staff - occasionally come in and see where we are having problems or listen to the tapes, maybe you already know; and say okay, we've been having problems here, let's get some help for them in this area." The length of meetings and what would be involved for legal advice was then discussed. Manager McLemore suggested, "Our goal should be to provide the minimum help that is needed and provide training as much as possible, so that they are comfortable in moving ahead - with these cases, and what I was going to suggest is that Anthony and I - get together with you Joanne." Manager McLemore then said that he agreed with the suggestion of providing training and added, "I would really like to bring this back at your next Meeting, and have a chance to talk with the Attorney about due process and evidence and all those things that are minimally required to make sure that we have a sound decision." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 PAGE 10 OF 24 Deputy Mayor McLeod said that, "If we're talking about a $3,000.00 - $4,000.00 expenditure, it might be worth that expenditure to keep from any kind of a lawsuit, to make sure that they have the proper legal advice, and I am not saying for the Attorney to become the dictator of the policy. The Code Board still runs the meeting. The Attorney is there for advice, when asked for, or when he sees that somebody is heading down the wrong path. That seems to me to be a prudent expense." Deputy Mayor McLeod then said, "I would be willing to postpone this Item until the next Commission Meeting but at the same time, I would like to see the City Attorney and Mr. McLemore and the Chairperson to get the time together and to come back and present to us what they really feel is workable; and the Chair may not feel the same as the Manager. " Mayor Partyka advised those in attendance that "Basically, four (4) Commissioners have said, 'As needed on terms of an Attorney - so that's where we are right now." Deputy Mayor McLeod clarified, "I am not totally' As needed.' I'm thinking about somebody there at the meetings Mayor." Mayor Partyka said, "Okay." Commissioner Gennell said, "I have been of the opinion that it would be to our best interest and to the Code Boards interest to have somebody there at each and every meeting. I am willing to listen to other proposals, but I would have a much higher level of comfort, if they had regular support outside the Board from an Attorney." Commissioner Martinez stated, "I am saying it should be as the need arises, and I think that the Code Enforcement Manager who feeds you the cases, should have an idea, based on her experience and the process that you have been through as to whether you need an Attorney there for certain cases, and advises you or advises the City Manager; or call the City Attorney, whichever process they have in place to inform them that you need legal assistance present during this time. I don't think we should spend money foolishly by just having an Attorney there sitting, listening to what is happening." "I WOULD LIKE TO MAKE A MOTION THAT WE INSTRUCT THE CITY MANAGER TO TAKE UNDER ADVISEMENT ALL THE POINTS THAT WERE BROUGHT UP HERE THIS EVENING, BRING US BACK A LIST OF OPTIONS, SPANNING FROM ONE (1) ATTORNEY AT ALL MEETINGS, TO ONE (1) ATTORNEY AT SOME MEETINGS, TO NO ATTORNEY AT ANY MEETINGS AND WHATEVER SEEMS APPROPRIATE, BASED ON OUR INPUT HERE TODAY." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - AUGUST 27, 2001 P AGE I ] OF 24 VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. REGULAR B. Utility/Public Works Department Requesting Authorization For The City Manager To Execute A Purchase And Sale Agreement For The Acquisition Of Approximately 8.7 Acres Platted As The Hartman Industrial Park From James D. And Martha R. Hartman. Mr. Kipton D. Lockcuff, P.E., Public Works/Utility Department Director advised the Commission on several alternatives regarding the subject property. Discussion followed on the proposed purchase, and Commissioner Martinez spoke of his objection to the purchasing of the property. Mr. Lockcuff advised Commissioner Martinez that "I do believe the Hartman piece would meet our needs for the next ten (10) years, in and of itself. The 3.2 acres will not." Mr. Lockcuff further stated, "As for the money we have accounted for this in the Utility Enterprise Fund, we planned for it in the Bond issue, so the funds are available. It will not cause any increase in rates, in and of itself for the acquisition of this property." Commissioner Martinez further stated that he did not agree with the proposed purchase for this property. Manager McLemore said to Mr. Lockcuff, "When you say it would take care of our needs for ten (10) years, I'm talking about not only Public Works/Utility, but all our other needs in the City, as far as having a place to put all our operational type activities, storage for all of City Hall, all these various Departments, not just Public Works and Utilities." Mr. Lockcuff clarified, "I speak only for Public Works and Utilities. I don't speak to the other Department's needs." Commissioner Blake inquired about the price, negotiations, and when the appraisal had been done. Commissioner Blake then said, "I have a concern as I think everybody up here knows, about the City's long term financial outlook and I certainly have a concern about buying property that we're not going to need for the foreseeable future. I may agree to go forward with this contract if that agreement is adjoined with an agreement to liquidate the property that we currently have, where Utilities is currently housed." Discussion followed on general fund assets. Commissioner Blake then stated, "I would be agreeable to the purchase if it's at the right price only if in conjunction with this purchase, we also agree to liquidate the holdings where we currently are located, to offset the costs of buying this." ATTACHMENT "D" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 13 OF 28 VOTE: (ON THE MOTION TO TABLE) COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: NAY MOTION CARRIED. Mayor Partyka stated, "Motion to Table has passed." Mayor Partyka called a break at 9:28 p.m. The Meeting was called back to order by Mayor Partyka at about 9:46 p.m. PUBLIC HEARINGS D. Not Used. PUBLIC HEARINGS E. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For A First Reading Of Ordinance No. 2001-49 That Would Establish A Procedure For The Appointment Of Alternate Board Members To Winter Springs Boards And Commissions. Commissioner Miller stated, "It is my understanding having read this that we are going to look to see two (2) Alternates put on the Code Enforcement Board at this time, but that we are going to leave in abeyance all of the other Boards until such time as it may be required to appoint Members to the Boards also; but this is not mandating that we appoint Alternates to all of the City's Boards, is that correct?" Attorney Garganese stated, "That is correct." Discussion. Tape 3/Side A Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION TO MOVE ORDINANCE NUMBER 2001-49 TO SECOND READING." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 24, 2001 PAGE 14 OF 28 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS F. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For The First Reading Ordinance No. 20ot-50 That Would Establish Additional Regulations Of Off-Premises Signs/Billboards. "MOTION TO READ 20ot-50 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Discussion. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO MOVE ORDINANCE 2001-50 TO A SECOND READNG AT THE NEXT SCHEDULED REGULAR MEETING." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. ATTACHMENT "E" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 4 OF 43 INFORMATIONAL B. Parks And Recreation Department. Notifying The City Commission Of Cox Events Group/WMMO Radio Station's Cancellation Of The Fall Music Fest And Art Festival On Saturday, November 10, 2001, At Central Winds Park. Commissioner Martinez spoke for the record on this contract and issues dealing with contracts and money. Discussion followed on whether the City Attorney had reviewed the agreement. Attorney Garganese stated, "I reviewed the agreement when it was approved. I don't recall whether there was a provision in here that would permit them to cancel and then get a refund of their deposit. That is something that I would have to look into." Commissioner Robert S. Miller then said, "I would appreciate it if you would and bring it back to us as an Informational Item next time and also I think it might be worthwhile to review these things in the future, and make sure that both of us are getting the same consideration. Because if it is true that they could walk away anytime and we couldn't, we may want to change that approach a little bit in the future." Manager McLemore spoke about his concerns about whether we should be in such a position. Mayor Partyka said, "I need a Motion for the Informational Agenda to be approved." "SO MOYED." MOTION BY COMMISSIONER MARTINEZ. SECONDED. DISCUSSION. YOTE: DEPUTYMAYORMcLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. v. PUBLIC HEARINGS PUBLIC HEARINGS A. Office Of The City Manager/Office Of The City Attorney Present To The City Commission For A Second Reading Of Ordinance 2001-49 That Would Establish A Procedure For The Appointment Of Alternate Board Members To Winter Springs Boards And Commissions. Attorney Garganese read the Ordinance by "Title" only. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 5 OF 43 Commissioner Gennell asked, "Did we ever get any information back to us about whether this process is followed in any other communities?" Brief discussion. Commissioner Gennell then inquired, "Are the alternate Board Members - do they receive the same compensation as a regular Board Member?" Attorney Garganese stated, "It is not addressed in this particular Ordinance." Attorney Garganese then said, "I read Section 2-41. of the Code as permitting the payment of $25.00 each time an alternate Board Member attends, and that's for reimbursement for all expenses incurred in attending the Meeting." Commissioner Gennell then asked about the top of page three (3), Item (2.) regarding doing a background check. Much discussion. Commissioner Martinez asked if the term of office should be changed to concur with Commissioner's terms. Further discussion. Commissioner Gennell then inquired, "Are we going to appoint one Member for each existing Member, or just two (2) Alternates for the entire Board." Attorney Garganese stated, "It's two (2) alternates for every Board." Commissioner Gennell clarified, "A person being an alternate is no guarantee that when a vacancy occurs that that alternate will automatically step into that position." Attorney Garganese stated, "That's correct. There's no guarantee. Now, there is a guarantee in that if there is one regular Member absent at a particular Meeting, they will step up - the first alternate will step up and take that regular Member's place. Further, the way this Ordinance is structured, it doesn't affect the City Commission's current appointment process if it is specifically stated elsewhere in the Code." Commissioner Gennell then said, "I assume the first alternate Member refers to the first appointed, the one with the more seniority." Attorney Garganese stated, "That's correct." Discussion followed on what the terms of office for the alternates should be. Manager McLemore inquired of the Commission, "Do we keep it the way it is, or do we go to four (4) years basically?" Commissioner Miller said, "The way it is." Commissioner Blake said, "I'm fine with leaving the three (3) year terms if that is what it is, or a two (2) year term, if that is what it is." Commissioner Martinez stated, "Four (4)." Commissioner Gennell stated, "I kind of agree with the three (3)." Deputy Mayor David W. McLeod said, "As it is today or four (4)? I would say, 'As it is today.'" Regarding whether a one (1) year term should be implemented, Deputy Mayor McLeod said, I would have the same term as the rest of the Members." Commissioner Gennell said, "I'll go along with the three (3) years, the same as the Board Members." Commissioner Martinez stated, "I am in favor of the three (3) year term." Commissioner Blake said, "Mayor, I think they are right. I agree with that." Mayor Partyka summarized, "Given that, it's the same terms." Mayor Partyka opened the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - OCTOBER 8, 2001 PAGE 6 OF 43 No one spoke. The "Public Input" portion of this Agenda Item was closed. "I'LL MAKE A MOTION THAT WE APPROVE THIS WITH THE DELETION OF ITEM m ON P AGE THREE (3)." MOTION BY COMMISSIONER GENNELL. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. Tape 2/Side B COMMISSIONER MARTINEZ SAID, "ITEM ~ WOULD NOT APPLY IF NUMBER m IS TAKEN OUT." DISCUSSION ENSUED ON PROVISION~. MAYOR PARTYKA CLARIFIED THAT "THE MOTION IS TO APPROVE THIS MOTION WITH DELETING NUMBER TWO (2)." VOTE: COMMISSIONER MARTINEZ: NAY COMMISSIONER GENNELL: AYE COMMISSIONER MILLER: NAY DEPUTY MAYOR McLEOD: NAY COMMISSIONER BLAKE: AYE MOTION DID NOT CARRY. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE AGENDA ITEM 2001-49 WITH THE DELETION IN PARAGRAPH m THAT WE WERE JUST DISCUSSING ON THE - EVERYTHING AFTER THE BACKGROUND CHECK, IN OTHER WORDS, AT THE DISCRETION OF THE CITY COMMISSION, SO m WOULD READ, CONSENT TO A STANDARD CRIMINAL BACKGROUND CHECK." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER GENNELL: AYE MOTION CARRIED. Mayor Partyka said, "This changes the whole way of picking nominations or picking nominees, is that correct, for all Boards?" Attorney Garganese added, "Unless otherwise provided elsewhere in the Code." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING ~ OCTOBER 8, 2001 PAGE 7 OF 43 Commissioner Gennell inquired, "From now on, and at this point, are Boards going to be sent out a letter saying you are going to have to consent to this if you want to remain on the Board? This is now the City's Code." Attorney Garganese said, "As reappointment and new appointments, you can start implementing this new provision. I think it is a great idea to make sure you have a good Board Member application, and it sets for the requirements that are in the Ordinance, and just asks a question, and they check it off and they sign and submit it for reappointment and appointment as new Members, and that should take care of this whole Ordinance procedure in and of itself. I will get with the Clerk and help implement this." Attorney Garganese added, "It's one application and you just get the general information down and if it doesn't change over the course - from serving one term to the next, then it really doesn't need to be amended. They just simply send a letter for reappointment to a Board. " Commissioner Gennell added, "So henceforth, any new appointments on any Boards that we have, we will fill out one form, the application, and then if it doesn't change after that, and there are subsequent terms, they just ask to be reappointed under the basis of their old application. Is that right?" Attorney Garganese said, "That would work - until information changes," Commissioner Blake asked, "If somebody is going to be appointed, say this evening, is that still possible, or do they have to go and fill these steps prior to being appointed; or is it more like they do federally where somebody is appointed and it then goes through a process of final approval?" Discussion on the implementation of this Ordinance and the Mayoral power of Veto followed. Mayor Partyka stated, "I still think that this person can be nominated today and still fall under the current Ordinance." PUBLIC HEARINGS B. Office Of The City Manager/Office Of The City Attorney Present To The City Commission Ordinance 20Ot-50 That Would Establish Additional Regulations Of Off-Premises Signs/Billboards. Attorney Garganese read Ordinance 2001-50 by "Title" only. Ms. Jimette Cook, Code Enforcement Division Manager, Community Development Department addressed the Commission and spoke of the locations of "Off-Premises Signs/Billboards," and stated, "Tuskawilla and 434, Schrimsher has a sign at the southeast comer. There is one on 434 going east across from Creek's Run, There is one at Springs A venue, across from Courtney Springs, and there is the final one near the GreeneWay on the north side of 434, on the west side of the GreeneWay Interchange." Commissioner Gennell stated, "I need to call your attention to a fifth one, that's the one that Dittmer owns on the comer of Shepard Road and 17-92." ATTACHMENT "A" ORDINANCE NO. 2002-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OPERA TION 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 FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under 9 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 ofthe 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. 1002-28 Page I 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 The pro v isiolls of tllis section sllallnot be deemed to i epeal 01 modii) any city OJ dinance OJ pI 0 vision of the city code I elating to thc establish111ent 01 opel ation of any board 01 committees, but tile plO visions hel eill shall be supplelllental and in addition to such provisions within the city code. * * * (e) Term. Unless otherwise provided by state or federal law. aMI 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. (f) Absences. Unless otherwise provided by state or federal law. ~Any 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 legulaIiy 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..Q.002-28 Page 2 of 8 (g) Chairmanships. Unless otherwise provided by state or federal law, eEach 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; qualification5, tel 015. W The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The menlbels of the boald sllall be lesidents of the 1I1UlIicipality and appoilItnlelIts Appointments to the board shall be in accOldance with the applicable law alId ordilIances 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. tb1 The appointments to the code enforcement board shall be fo! a tellll of three (3) yeals and a 11lelllbel may be leappointed upon apploval of the city conlmission. Appoil1tments to fill any vacancy on the enfol cement board shall be for the 1 emainder of the Ul1eXpil ed tel 111 of office. ff-any ll1e111bel fails to attend two (2) of three (3) successive meetings t>vithout cause and without prior approval onhe chairman, the boald shall declare the member's office vacant al1d-th~city-cohullission shall plOmptly fill such vacancy. Members shall serve in accordal1ce with the Code alId nlay be suspended and lemoved fo! cause as Plovided in such ordinances fO! lemoval Of111elIlbers ofboalds. * * * Sec. 2-78. Tel nIS, oOrganization; meetings. The membels of DO VIS shall be appointed for a term of three (3) yeals, three (3) ofthe initial DO\VS nlembers shall be appointed for a telll1 ofduee (3) years, two (2) of the initial DOV"TS members shall be appointed fOI terms of two (2) yeals, and two (2) of the initial DOV/S members shall be appointed for the telm of one (1) year, thereaftel the tenus shall be three (3) years. Inuuediately upon appoil1tnlent, the members of the Deautification of Winter Spril1gs Doard shalllIleet and organize and shall elect flom an long the membership a chailllIan, a v ice-chailman, and a secreta!), whose telms of office shall be fol the peliod of OlIe (1) yeal or until theil successors are elected by the 111embers of the board. 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 & 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 stl ikeout 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 for a telm of three (3) yeals by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. Tile successol s of the or igillal appoiIltees sllall be appoillted for terms oftll1ee (3) years by resolution of the city cOlll1nission. 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) Any menlber oftlle board of trustees may be rell10ved at allY tillle during llis telI11 up Oil a major ity v ote of the city commissioIl. Any membel of the boar d of tr ustees who is absent f10m more than two (2) consecutive meetings shall automatically forfeit his position on the board. wtd) 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 strikeout 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 N<r. 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: (1) 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 ofthe 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 lllembers shall sel ve 110t 11101e than two (2) cOhsecuti ve J-year tel nlS, perSOhS ser vihg pal tial tenuS sllall be chtitled to sel ve the partial teUl1 al1d two full consecutive J-year tell115, 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. 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. (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 flom its mell1bers a chairman and such officers as it may deelu appropriate, however, each advisory 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 l/latters requiring a vote onhe rhembership of the advisory corhtllittcc, all tllenlbers sllall vote uliless an actual c011flict of i11tel est is stated on the reCOl d, City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code Chapter 20 is hereby amended as follows (underlined type indicates additions and sttikeout 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 tel m of office of the lllembel s of the plannihg and ZOl1ilIg boal d sllall I un fronl the second PI iday ih July the alld eadl Each member appointed shall serve as provided in Chapter 2 of the city code for a te1l11 of two (2) years, 01 untilllis succeSSOl is appointed and qualified. Except Ilowever, tile filst board appointed shall serve tel IllS as follows. Seats two (2) alld four (4) shallsel ve the full two year tel III ehdillg July 10, 1982. Seats olIe (1), tluee (3), and five (5) sllall sel ve a one year tel III ehdillg 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. 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 commission fOl failUl e to pel fornl tIleil duties 01 otIlel nliscohduct ih office or autolllatically fOJ failure to attehd thl ec (3) llleetings witllin allY t we! v e-lllohtll pel iod of tillle. P or purposes ofrenloval, an absence flOlll a specially called llleetihg of the boald shall count the sallle as all absence fi anI a regularly sclleduled hleeting. Sec. 20-54. Reserved Appointment of chaillllan, "ice-chail man. Tiler e shall be a chairnlan ahd v ice-chaillllaIl of the plalllling ahd whing boal d selected florll ahd by tile hlelllbels. Tiley shall sel ve a ternl of one (1) year 01 uhtil tlleir appointnlellt to the board is telnlinated, whichever is shortel, uhless SOOhel lenloved by the boald. * * * Sec. 20-78. Term; filling vacancies; removal of members. City of Winter Springs Ordinance No~ 2002-28 Page 6 of 8 Tile tel III of office of the nlelllbcl s of the bOal d of adjustlllellt sllalll un fr 0111 tile secolld Priday ill July alld eacll Each member appointed shall serve for a term as provided in Chapter 2 of the code of ordinances of two (2) yeals, 01 ulitil his successor is appoilited alid qualified. Except Iloweyer, tile fil st board appoilited sllall sel ye tellilS as follows. Seats two (2) and fOUl (4), sllall sel yC tIle full two yeal tellll endiilg July 10, 1982. Seats Olie (1), three (J), and fl ye (5) sllall sel ye a Olle yeal telln elidilig 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 COI1tlllission far failUl e to pel fa 11 II tlleil duties 01 fOl othel rllisconduct in office or autOlllatically fal failure to attend tIlrcc (J) meetings w itIlin aliY t we! y e-month pel iod oftilile. POI purposes ofremoyal, aft absence flom a specially called lueetilig of tile board sllall COUlit the saliIe as an absence flOm a I egulady sc!ledule mectilig. Sec. 20-79. Reserved Appointment of chail man, vicc-chail man. Thel e sllall be a cllairman and y ice-chai1111an of tile boar d of adjustnlelit selected flOW and by the nlelllbels. TIley sllallser ye a tent1 of one (1) year or until tlleir appointmelit to the board is telliliilated, whic!leyel is shorter, uftless SOOlier reIiIoyed 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 NQ. 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 23rc! day or Sefl,~<:lllbe L-_~_ ,200'? A~TEST: I\l ~ ANDREA Ci ty Cl < 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:\DocsICity of Winter SpringslOrdinancesIBoard Committee Ordinance.wpd City of Winter Springs Ordinance NQ, 2002-28 Page 8 of 8 ATTACHMENT "B " CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 20 OF 26 VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. PUBLIC HEARINGS D. Office Of The City Attorney Requests The City Commission Considers Ordinance 2002-28 That Would Amend The City Code To Provide Clarification Regarding The Administration Of Boards And Committees Appointed Under The City Code. "MOTION TO READ BY 'TITLE' ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" and then introduced the Agenda Item. Attorney Garganese explained, "If this Ordinance passes, unless otherwise provided by State or Federal Law, Section 2-42. of the Code will be the uniform rules and guidelines for Boards and Committees except for one (1) exception, and that is the appointment process. If there is another provision in the Code that allows for a different appointment process other than majority vote of the Commission - I did not touch - those other Code provisions. So if - Planning and Zoning Board has individual appointments - those Code provisions were not affected or will not be affected by this Ordinance." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9, 2002 PAGE 21 OF 26 Brief discussion ensued regarding excused absences and the implied intent of excuses not being held against the Member. Mayor Partyka asked the Members of the Commission, "Do we have excused absences or not?" Commissioner Miller said, "I think we should leave it the way it is. 1 don't think excused ought to be put in there." Commissioner Blake said, "Agreed." Commissioner Martinez stated, "Agreed." Deputy Mayor Gennell said, "I agree with the question. That is - quite some time ago - we had a P&Z [Planning and Zoning Board/Local Planning Agency] Member who was going to be working out of town for several months and he actually came in front of the Commission and asked the Commission's consent for him to be absent for two (2) months or something; and 1 would not like to rule out that possibility if we had a valued Board Member who wanted to come to us - 1 agree with not having excused absences." Commissioner McLeod responded to the question by stating, "I agree but 1 disagree with seven (7) days. 1 think it ought to be five (5), that's pretty generous." Mayor Partyka said, "At this point in time, no excuses." Then Mayor Partyka said to the Members of the Commission, "Now, the next one (1) key issue is instead of - two numbers, five (5) or seven (7)" absences. Commissioner Blake stated, "I don't think you can go with a fixed number like five (5) or seven (7) and achieve what we are trying to do here." Commissioner Martinez stated, "Seven (7)." Commissioner McLeod said, "Five (5)." Commissioner Miller responded, "Seven (7)." Commissioner Blake stated, "Thirty percent (30%)." Deputy Mayor Gennell stated, "Seven (7)." Summarizing, Mayor Partyka said, "So it is seven (7) right now. Seven (7) and no excuses." Commissioner Martinez inquired, "Are the absences - absences from one (1) year? Will they carryover to the next year, or at the end of the year is it wiped out?" Attorney Garganese clarified, "It is rolling - except that if they get reappointed, then they start with a clean slate - they start all over, if they get reappointed - it carries over." Commissioner Miller stated, "Point of Order" and spoke of moving the Meeting along. "MOVE TO EXTEND." MOTION BY COMMISSIONER MARTINEZ. MAYOR PARTYKA ADDED, "FOR ONE HOUR." MOTION DIED FOR LACK OF A SECOND. "I WOULD LIKE TO MAKE A MOTION TO EXTEND THE MEETING TO FINISH THE CURRENT PUBLIC HEARING ITEM AND ITEM 'H.'" MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 9,2002 PAGE 22 OF 26 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: NAY MOTION CARRIED. Commissioner McLeod departed the Meeting at 11 :05 p.m. "I WILL MAKE A MOTION TO MOVE THIS ON TO SECOND READING INCORPORATING THE CHANGES WE MADE TONIGHT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT. .:..:. VI. REGULAR REGULAR H. Office Of The City Manager Requesting That The City Manager Make Two (2) Appointments To The Arbor Committee. Manager McLemore said, "I gave you two (2) names from the City Manager's Seat and these are the two (2) names that I am recommending." "MOTION TO APPROVE THE MANAGER'S RECOMMENDATIONS." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. ATTACHMENT "C" CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 18 OF 25 "I WOULD LIKE TO MAKE A MOTION THAT WE DO APPROVE ITEM 'c' AND MAKING IT SO THAT THIS GENTLEMAN CAN GO FORWARD AT THE PRESENT TIME, SO I WOULD APPROVE IT AS FIRST READING." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER MARTINEZ ADDED, "SHOULD WE INCLUDE COMMISSIONER BLAKE'S RECOMMENDATIONS ABOUT AN AGREEMENT IN THIS MOTION?" COMMISSIONER McLEOD ST A TED, "I DEFINITELY WOULD AGREE TO THAT." Tape 2/Side 8 MAYOR PARTYKA STATED, "FROM A LEGAL STANDPOINT, IF HE FINDS US PROOF THAT HE ACTUALLY HAS THE RIGHT-OF-WAY VACATED, ALL THIS IS A MOOT POINT." ATTORNEY GARGANESE STATED, "THAT IS CORRECT. IF THE EASEMENT - THE RIGHT-OF-WAY HAS BEEN VACATED, IT HAS BEEN VACATED." VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Mayor Partyka said to Mr. Contestabile, "I think it would behoove you to try to see if you have got any records." PUBLIC HEARINGS D. Office Of The City Attorney Requests The City Commission Consider Second Reading of Ordinance 2002-28 That Would Amend The City Code To Provide Clarification Regarding The Administration Of Boards And Committees Appointed Under The City Code. Attorney Garganese read Ordinance 2002-28 by "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 190F25 VOTE: COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. PUBLIC HEARINGS E. Community Development Department Presents To The Commission, The Second Reading Of Ordinance Number 2002-27, Which Will Vacate And Abandon A 66.65 Foot Long Segment Of A 5 Foot Wide Utility Easement, Located Along The West Side Of Lot 10, The Reserve At Tuscawilla, Phase I-A. Attorney Garganese read Ordinance Number 2002-27 by "Title" only. Mr. Baker presented introductory comments to the City Commission. Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. Commissioner Blake stated, "The last time this came up, I asked the questions about whether or not this was the property that had already received a Variance because of the front of the building being placed within the setback area and for a better description of exactly what type of wall they are looking to build; where it is going to exist and whether or not that construction also would be a violation of the setback?" Commissioner Blake then suggested, "I think that this is an important aspect of a request to move into an area that was specifically reserved for the public good and this is twice now on the same property. I think we need additional information before we can go forward on this. We had asked for it before, and we don't have it yet - I would ask that we continue this to the next Meeting, giving Staff an opportunity to go back and bring this information to us and I would ask that we do that in a way that we preserve advertising, so we don't have any additional costs." "I WOULD LIKE TO MAKE A MOTION THAT WE POSTONE UNTIL THE NEXT REGULAR COMMISSION MEETING, THE SECOND READING AND ADOPTION HEARING OF ORDINANCE 2002-27, PRESERVING THE PUBLIC HEARINGS ADVERTISING - THE NEXT REGULARLY SCHEDULED MEETING WHICH IS OCTOBER 14, 2002." MOTION BY COMMISSIONER BLAKE. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 2002 PAGE 20 OF 25 VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER MILLER: AYE COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. VIII. REGULAR - PART II (NEW AGENDA ITEMS FOR THIS MEETING) REGULAR A. Parks And Recreation Department Requesting The City Commission To Approve Resolution Number 2002-31 Establishing New Fees To Be Paid By Individuals Or Groups For Exclusive Use Of Sports Fields At Central Winds Park, Trotwood Park, Torcaso Park And Sunshine Park. Mr. Chuck Pula, Parks and Recreation Department Director addressed the Commission. "MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. REGULAR B. Not Used Mayor Partyka called a Break at 8:59 p.m. The Regular Meeting reconvened at 9:10 p.m.