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HomeMy WebLinkAbout2002 09 09 Public Hearings D Administration of Boards and Committees Appointed .. , j'"", of -"-7' l 7 ITEM D COMMISSION AGENDA Consent Informational Public Hearing X Regular September 9, 2002 Meeting ~ 1/rfv Mgr. / Att. I Dept, REQUEST: The City Attorney requests the City Commission consider Ordinance No. 2002-28 that would amend the City Code to provide clarification rt:ganling the administration of boards and committees appointed under the CIty Code. PURPOSE: Previou::i]Y 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 vari()u~ City boards and commillees, and dear up any perceived inconsistencies relating to absenteeism and internal administration oflhc various boards and committees. A'PPT.lCADLE LAW AND PUBI,IC POLlCY: Section 2(b), !\rt vm 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 lhe City of Winter Springs Code or Ordinances, cstablishe~ regulations for the appointments of boards and committees Page I of 2 / l~ ''"9' CONsrDERA nONS: 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. 3 This Ordinance should clarify the confusion and provide unifonn 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 First Reading and move that this Ordinance be advertised for a Second Rcading and Public Hearing ATfACllMENT: Ordinance ~o. 2002~28. COM1\1TSSTON ACTION: The City Commission previously directed that an ordinance be presented to clarify board and committee code provisions. ,'.\I;.......\(;;ly ,,( WinlCt. Sp..~\AtcM'\~ell..1D.D.Bo~d~l.l\dCQlnmmr.<:< "'r'1 Pagt: 2 or 2 \ ( ij'i ORDINANCE NO. 2002-28 AN ORDINANCE OF THE CITY COMMISSION OF THK CITY OF WINTER SPRINGS, FLORIDA, RRLATING TO THE OPERATION OF AND APPOINTMENT AND REMOV AL OF APPOINTED MEMBERS TO CITY BOARDS AND COMMITTEES; PRO VlDL\I G FO R THE REMOV ^ I.. OF' INCONSISTENT PROVISIONS WITHIN THE CITY CODE AND Cay ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVlDLNG FOR INCORPORA nON INTO THE CODL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEcnVE DATE. WHKlU':AS, the City Commission is granted the authority, under ~ 2(b), An. 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 W HER EAS, 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 fmds this ordinance to be in the best interests of the public health, safety. and welfare ofthc citizens ofWintcr Springs. NOW, THEREFORE, TllE CITY COMMISSION OF TIlE CITY OF WINTER SPRL."IGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. Thc foregoing recitals are true and correct and arc 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 lype indicates additions 'and strikeout type indicates deletions, while asterisks (>to ... *) indicate a deletion from the Ordinance oCtext existing in Chapter City of Winter Spring3 OnJinunrc No. 2002-28 r~ee I ~f 8 2. rt 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 *- 1t .. 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 perfonned by, city boards and committees and to ensure that. . decisions ofboanls a(1d committees are in the best interests oflhe city. The purpose ofrhis 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 oflhis section conflict with other provisions ofrhis Code. it is the intent of the city commission that the proviliions of this section shall prevail The fJl vvi.:>ivu.:> vf ll~.:l .)e",t;oll 5hall/lut Lc dGLlllcd to Icpeal 01 UI\>d;f} all}' e.;ty \J1dinance or provisioll Oflli\.. v;ty code [c!.:ll;lIg t\l tIle. e.;,ll1bl;5IUII~lIt or OPI;I aliol! of illl~ bOa.ld 01 e.0Ihu1ittcc.5, but lhe Pi 0 \' ;.);011" 1'1,;11;;;11 "llclll be SUPpklll~lllal and in add;tioll to ~u\.b fJ(0v;;';VII~ ~~ll~1I till;; \.;t)' code. * .;. * (e) Term, Unless otherwise provided by state or federal law. a*ll board and committee members shall he appointed to serve three-year terms and may he 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 tenn, 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 bv state or federal law. g,1\-ny board or committee member incurring three (3) consecutive absences from any regularlv scheduled meeting of the board or committee, or seven (7) tjve(5) absences Irom any meeting of the board or committee within a twelve-month period (startin~ "'~th the last absence and countinR backward), frolll any regularly ::.dl\..duh..J IIIl;;l;;tiu5, shall be deemed automatically removed from the respective board or committee in which the absences have occurred, Any meetin~ which is cancelled. other than for a lack of a Quorum, !;hall not be counted for purpo!;es of determining absenteeism. Absences which occurred prior to the date of reappointment of any board or committee member shall not be counted toward a,u~g..Q1at!c r~.ov~l..A QQp,f.Q. .0.( c.omroitt~cl1).~mb~r., .f9f, good .<:,~u~~..?.bQ~n, may request the city City <lfWinler Springs OrdilUlncc No. 2002-2R I'u!:c 2 ,,1' II manager to excuse an ahsence. Such r~que$t must be made er IIv r in writina and submitted to t e cit ' mana er nor to the scheduled mcetin . The cit . Illan c all have the sole discretion to determine thal goud cause has been shown and to excuse the requested absence. The city clerk shall provide writtenD.otice of any excused absence to the rcaue!lting hoard or committee member. The city clerk shall Drovide written notice to all board or committee members removed under this provisiun. with a coPY to the City Commission and the Chair of the affected board or committee. (g) Chairmanships. Unless otherwise provided bv state or federal law. eEach board and committee shall be responsible to elect, by majority vote orthe members of each board or committee, a chairperson and "ice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no Januarymeeting, then the next meeting held. AJI newly eSlablished boards and committees shall make such elcctions at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to posilions of chairperson or deputy-chairperson. * 1< 1< Sec. 2-57. Membership; appointment; qualification~, (\;. u.~. {a1 The code enforcement board shall consist of seven (7) members to be appointed by the city commission. T"~ III\;lIlb"l~ uf th~ Loald ::.hall L" J~~;J...III;) uf tJ.~ ululll~i}J"lity ~ild appoilllllll;;ut5 AppointmenlS to the board shall be ill dccordaucc. with the "pplicabk law aud uIJilldU(.",s 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 an.;hitect, a businessman, an engineer. a general contractor. a subcontractor and a realtor 9r as otherwise orovided by law. 1< 1< Ie Sec. 2-78. T~I tJb, vOrganizatioll; meetings. TIll'; n 11;;11 Ibl;;' ;) ,-.[DOWS o:lhdll be Jppointed fOI c1 terlll ufth, ec (3) YC:ill,s, tlu e.c (3) oftl,e. ;1I;t;al DO\VS membel;) ~hall be: aIJpuilllc:d [UI <1 kill. of three (3) yeal 5, I wu (2) of th~ illitial DaVIS (.lelllbl;;J:) ;slIdll be appoilllcd 1'01 tCUIIS of two (2) YI;;.!1I.~, alid two (2) ofll,c j'l~tj,,1 BOWS Illt:Jllber.~ 511,,11 be .1j.ipoiutcd City of Winter ~pril1g.~ Onlinancc No 2002-211 P.\:C 3 of K fOJ tl,c telll( of olle (l) yea" 1111;1 calk! tIle tel 111~ ~baH l.,~ tIll ce (J) Yl;lld. IllImc.d;,ttc.ly upon apfloiJltment, the 1l1~JlJL(.I':; ortl,c Dc..lut;r.";utiuJI of Will tel S,), il\gs Doal d ~hAIIII'I...d dIld-OIBall;.I.... dud ~haH ..,1...Gt G \Jill aIllVIJ~ th... H1l,mbeJ .ship a chaillll<U1, a v;cG-chaiillldll, and A secret<u y, wll\}~c kllll~ of offil.l. :>11411 be [01 the pelivd of l1Ue (I) yeal VI ulltilllJeir .~ucce!)!>VI:> aCC. elected uy tllc melllbCJ ~ of tIle uuard. The Beautification of Winter Springs Board shall conduct such meetings as may be necessary to properly perform irs 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 apolicablct the City Code or direction of the City Commission. Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code Chaprer14 is hereby amended as foHows: (underlined type indicates additions and "t.;kcout type indicate.~ deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter l4. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the lanf:,ruagc existing prior to adoption of this Ordinance) Chapter 14 - PenonneJ * "' * Sec. 14-52. Board of trustees. (a) There is hereby created and established a buard of trustees consisting offive (5) members who shall be appointed foJ <l Il;J IIJ "f three (3) yeaJ!> by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. The SUCCC:':'UI:' ,-,f tl.<;; o. ;S;IIAI ~ppoiul("G~ :.lJltll be. appv;,/tvd fv, Lvllll:' uftllJl.l. (3) j~~ by lesolutioll ofthc.. ';lJ con,mis~ioll. 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 (wo (2) regularly scheduled commis!\ion meetings after a vacancv occurs or a term expires. that 5eat will be filled by the mavor. 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.) ~IY IIILJllber of (he 11\,21.rd I}f tl u~f.ec~ llldy be; I ClllvveJ at <!lilY till1C. clU, ino I,;~ k.'ll! U pUll II lll<ljVI ;t)' vott; \.If the; <..;t ,.-comllJi~ji\J11 1\11)' llll,lllbl.l \.If the bOal J of h u~tces wllo i.'S ab~l;llt fi Ulll mOL \; tl.3-11 tvvo (2) cOJlse<'uti...c nlcetillg" :.Ilallllulonlatically forfeit iI;~ l-'o~it;vlI 011 the board7 CifY of Wllllc:r Sprillt::! (Jrdlll.l11cel'olo. 2002-2X PJRC 4 of K (flfdt The hoard of trustees shall administer the city's pension plan~ 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 :.1I ike()ut type indicates deletions, while as[erisks (+ + ") indicate a deletion from the Ordinance of text existing in Chapter 1 S. [t is intended that the text in Chapter 1 R denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter I R - Taxation . . " See. I R-55. Creation of advisory committees. * * * (d) Unless otherwise provided by resolution of the city commission: ( I) Each initial menlber of an advisory commitree shall be nominated (one each) by the city commission; however each nominee shall be confirmed by majority vote of the entire city commj~~ion; (2) Two (2) mcmben; uflhe advisory commiuee first appointed, by the commi~sioners from seats 2 and 4, shall serve 2-year terms and the remaining three members fim 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 thl.l<;.atl.e. 11.(.Otbl.l:' .:llw.1l $(,1 vC Ilul mOle thall two (2) G-OII~l."ut; vG J~) eM terms, 1-'l.1:.011~ SGI v irlg pill tialtl.1l1lS ~hall he (,lIl;IkJ 10 ~(" ve the jJart;al tun, clUJ t ""'1 full WII~(.cut; vc. J yGcl.1 [(.11115, vacancies in the committee shall be filled by the city commission member whose seal number corresponds with the vacant board seat subiect to comm~ssio_1} ralification for the unexpired term of such vacancy. Tfanv commissioner fails to appoint a member within two (2) regularlv scheduled commission meetings after a vacancy occurs or a term expires. that seat will be tIlled by the mayor, subiect to the ratification bv the city commissioQ., (3) Each advisory conuniltee shall have the authority to determine il::; own rules and procedures, provided that such rules and procedures are not inconsistent with f~deral and state law (where applicable), the city code or direction of the city commission; (4) Each advisory conunittee may Ckd fiOIH ;t~ mtlllbcl:' a dldilll13.11 and :'lldl ufl~Gers as ;llllclY dc;~1lI "PI)' up. iaJe., l,uWl.vGl. (..Ilch .\d V;:'Ul y cOullllittcc shall designate from its members one person City of Winkr Spring> Ordinance No. 2002-28 {'Age 5 uf S who shall serve as the l)ftlcialliaison between the advisory committee and the city; such liaison shall direct all formal communicatiuns 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 al city hall and in all ways conducled in conformance with all government in-the-sunshine and open public-records laws; (6) Ollllllltlels l\..l{uilillc; a \Ol~ o[tln; lUl;lIIlJelsl';!l vCtIlr.. adviso.)' r..VlIllIlittc(, <1l1l11clllbers ;-,h<1l1 votr.. ulllc.:.~ au Il.ctulll Gvuflict oLute. est i::. ;-,tdtcd (lIl tile I tr..VI J, (7) Each advisory commilteeshall meet not less than once quarterly fa;]u. e to att~llJ tl,rc.e (3) meeti'lg;:, ill clUY UIl<:' (] ) lwei Vl,;-IIIUlllh p(;liOd o. till r..r.. (3) '-Ol1seeuti vr.. aJvi"ol y eOllllll;U\.-\.- Ulectillo~ 3hl\II be OIUUlld:. [VI ICIllOv~1. Scdion :i. Chapter 20 Code Amendment. The City of Winter Springs Code Chapter 20 is hereby amended as follows: (underlined typ~ indicates additions and m-ikeottt type indicates deletions, while asterisks (* * ~) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the te:d in Chapter 20 denoted by the asterisks and set forth in this Ordinance shalll'elllain unchanged from [he language existing prior [Q adoption of this Ordinance). Chapter 20 - Zoning .. .. " Sec. 20-53. Term; filling vacancies; removal of members. The. [<-,", of ufficc. ofth~ Ihelllberg Gfille !Jlclllll;lIo clUJ l.ulliug bOlLl d shall . Ull fl Olll tit" sl;(.olld Friday in July the. alld "d.;h Each memher appointed shall serve as provided in Chaoter 2 of the city code for Ii te.I1, \Jflwu (2) }~I;:', UI Ultra hi.~ .~uCC(..~.$~1I ;" clI-'PU;lIt...J <mJ 'lull.lified. C"'\.-\.-l-'lIJUWl;ovI;ol, tit" fI.st board ll.l'p\Jilltc.d "I 'all ;:'1;' ~ C h~IIIl" as follo\"s. S""'t~ two (2) <1IlJ fuUI (4) "hall ,,~I v\.- till;; fulllwu-yeal tl;;llll ~uJill15 Jul) 10, 1982. Seat~ 011r.. (1), tlhee (J), and five (5) ~haU SC.I vC cl "nC-y(cll l~IJIIl,.lIJillg .Iul y 10, 19:i 1 . Vacancies on the hoard may be filled by the commission member whose seat number corresponds with the vacant planning and zoning board seat subjccllOC()mmission ratification. Ifany commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that scat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from oGi.ce a~ orovided in Chapter 2 of the city code b} tile conHllj~!.ioll fvl [ailull,;. to jJerfoJ m the;l dLltlc,s HI otllGl II~SCOllduct ill oruce or Zltlh1n'1l.1icall)' fVI fc1i!un; Lv dtll;lId tlJr\~e (3) mcdillgs ?\>ith;llll.ny lwc.lvvllloulll period OrL;IIl~. rur City oiWinter SplillB~ O~din;rncc No. 2U02-2!; P.!:C 6 of K PUl J.lV;:'l,:s vi" I t::IHoval, <ill dG~ellce f~ 0111 <l :'I-'ccially calkJ lIlccting-ofthc bVc\l d !-I,all COull1 the .'<1111(. C\~ .'111 ab!\cllc<,- fj 0111 c\ t eSulcllly :.dhodulcd IIIGd;lIg. Sec. 20-54. Reserved ApPC;.tlllll::ut of ,hai"lJ,U1, ,,;\.<:-..ha;'III(," Tht::le; :slldl bIJ a. <.-llailllldu alld \,icc-dldilllliuJ \If the J.lldlllUIl~ alld I_OllillS GOald ~ekctcd CHild clllJ lJy the lllt::lllLe;J;). They ~hall scne J tellll vf Oll~ (1) ya, VI lJlltil tllei. appoillbllellt t,I the board ;:. tellll;ll<1tcd, "",hic.hc.vCI ;~ ;:,I.vlll,,;l. ullle~;'. ~voll..r Ic.nlo\cd b) tl,c boald: .. .. .. Sec. 20-78. Term; filling vacancies; removal of members. TIle tel ill ofv[fil.v ufllle mel1lhcl;:' of the boa. d of adjU:.tIlH..llt :!h~lllllll f~ 0111 tIle ~ec\lllcl r I ;Jd) ill July .'lud e.1ch Each membcr appointed shall serve for a term as provided in Chapter 2 of the code of ordinances or 1 wO (2) 'yI..<lI5, lJl until his ;:'Ul.l,l..;:':'Vl ;:s appoilltcd add qualified. LhCl..jJt 110 "" e \)u. the; hl:!t board ~PPll;'lt<.-d 51'<111 ;)CI vC te!m~ a" follvw~. SeAts t.~o (2) c1I1J fvul (4). shall ;:,\;. ~<.- lJle fuH t \1;'v-y('ll.l tGuLl Gliding J ul y 10. 1932. Scats one (I), till e;\; (J), cUld G v~ (5) :,!.a.l1 :'1..1 'o<l.. d VIII..") (.(11 ll,;llll elldillg July 10, 19tH. Vacancies on the board may he filled by the commission member whose seat number correr-;ponds with the vacanl 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 Dy tILL C.Oillllli~~ion fa. fuiJun; Lv I-'~Ifullll the;l Julie;:, Ul [VI othel lIli~cOJ1Jul..l Ul office vi clutonlatically fOL fa.iJulC~ lo hltend three (3 ) llll..dill~;) IN ilia;" ell 'y t w d V~-IIlUllth pc. ;lJJ url;lIu,,;. FVJ VUlpOSCg oL eJllvval, all abSLIICC f.oH! a specially calkd 11I(,<.1;118, oftbe "VAl J :.lrall (;uUlll till.. ,}(UlIl. a.;:, <Ill c1t..:'I,;IIC~ hUIlI It regula.))' ;:,~hedulc 111cctillg. Sec. 20-79. Reserved AJlJlvillbll~lll \If <-1''';111I''11, vi\.\;~h.tillll<lIl. Thc.I" ;:,hall bv <1 ...Ildiulia,1 And v iCC-c.llaillIl<U1 uf tI".; bOAI d of ad.jlJ.~t.III.....t :>l.kckJ 11 0,11 and l.,y thl. me,llb~l,). TI,I,;Y ,:,llull ;:'l.l Vl. a tl.1II1 of 011(, (1) 'y\.(1I 01 uulilllrl..il appointn'\.lIt Iv tllG Loal J i:> lGlIll;llakJ., ""lric.lll..vl..l is S!hluel, Ullkss SOUlll,;( II;IllU\e;J by tire board. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions All prior inconsistent ordinances and resolutions adoptcd 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 City ofWinlcr Spring~ Ordinlince No. 2002-lS r.!:c 7 of 8 changed or modi tied as necessary to effectuate the foregoing. Section 8. Severability, If any section, subsection, sentence, clause, phrasc, 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 cffecti"'e immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter A DOPTED by the City Commission of the City of Winter Springs. 'Florida, in a rChrular meeting assembled on the _ day of _._-.J 2002. PAUL p, PARTYKA Mayor ATTEST: AN1>REA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only '- Anthony A. Garg:wese. City Attorney First Reading: _. Second Reading: Effective Date: f'\Lu"-')'cr\jctt1)\Ci[y ofWi,,!cr S[lr;ng~'( IrclJn.'nc~s'.B"droJ vm,mituG Or.1ill.lIl"~."'PJ Ciry of Winter Spnng.~ OrdillOllcC No. 2002-2R raGc g of ~