HomeMy WebLinkAbout2003 01 13 Regular I Appointment to the Planning and Zoning Board/ Local Planning Agency
COMMISSION AGENDA
ITEM I
Consent
Informational
Public He.aring
Regular X
January 13.2003
Regular Meeting
Mgr. rv- / ~t.
Authorization
REQUEST:
The City Clerk requests that Commissioner Sally McGinnis make an Appointment
to the Planning and Zoning Board/Local Planning Agency to replace herself who
resigned in November 2002, as she was elected by the citizens of the City of
Winter Springs to serve as City Commissioner for District Four.
PURPOSE:
Commissioner Sally McGinnis is requested to make an Appointment to fill a
vacancy on the Planning and Zoning BoardlLocal Planning Agency, as a result of
her own resignation from the Planning and Zoning Board/Local Planning Agency.
CONSIDERATIONS:
· Former Planning and Zoning BoardILocal Planning Agency Member Sally
McGinnis was elected to the City Commission on November 5,2002.
· Former Planning and Zoning Board/Local Planning Agency Member Sally
McGinnis submitted a letter of resignation on November 25,2002.
.'
::-
CITY OF WINTER SPRINGS
REGULAR AGENDA ITEM "I"
CITY COMMISSION
REGULAR MEETING - JANUARY 13,2003
PAGE20F2
· If this Appointment is not made at this Meeting, it will be placed on
subsequent Agendas until the vacancy has been filled, or as otherwise directed
by Commissioner Sally McGinnis.
ATTACHMENTS:
A. A copy of a letter of resignation from former Planning and Zoning Board/Local
Planning Agency Member Sally McGinnis.
B. An excerpt from the City's Code of Ordinances related to the Planning and
Zoning BoardlLocal Planning Agency; Ordinance 2001-49; and Ordinance 2002-
28.
COMMISSION ACTION:
ATTACHMENT
"A"
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ATTACHMENT
"B "
DIVISION 2. PLANNING AND ZONING
BOARD*
Sec. 20-51. Created.
There is hereby created a planning and zoning
board for the city.
(Ord. No. 44, ~ 44.04, 1-8-68)
Sec. 20-52. Composition, appointment of
members,
The planning and zoning board shall consist of
five (5) members having de~ignated seats one (1)
through five (5) with. such numbers corresponding
with the commission seat. Each member shall be
a citizen and registered voter of the city and each
appointment by the respective commission mem-
ber occupying the corresponding numbered seat
shall be subject to commission ratification.
(Ord. No. 44, ~ 44.05, 1-8-68; Ord. No. 156, ~ 2,
9-12-77; Ord. No. 214, ~~ 1, 2,.5-13-80)
See, 20-53, Term; filling vacancies; removal
of members.
The term of office of the members of the plan-
ning and zoning board shall run from the second
Friday in July and each member appointed shall
serve for a term of two (2) years, or until his
successor is appointed and qualified. Except how-
. ever, the first board appointed shall serve terms
as follows: Seats two (2) and.four (4) shall serve
the full two-year term ending July 10, 1982. Seats
one (1), three (3), and five (5) shall serve a
one-year terin ending July 10, 1981. Vacancies on
the board may be fIJ.ledby the commission mem-
ber 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 by the commission for failure to per-
form their duties or other misconduct in office or
automatically for failure to attend three (3) meet-
ings ~thin any twelve-month period of time. For
.Cross reference-Boards, cominittees, commissions,
~ 2-41 et seq.
ZONING
~ 20-56
purposes of removal, an absence from a specially
called meeting of the board shall count the same
as an absence from a regularly scheduled meet-
ing.
(Ord. No. 44, ~ 44.06, 1-8-68; Ord. No. 156, ~ 2,
9-12~77; Ord. No. 214, ~~ 1, 2, 5-13-80; Ord. No.
259, ~ 1, 1-26-82)
See, 20-54. Appointment of chairman, vice-
chairman,
There shall be a chairman and vice-chairman
of the planning and zoning board selected from
and by the members. They shall serve a term of
one (1) year or until their appointment to the
. board is terminated, whichever is shorter, unless
sooner removed by the board.
(Ord. No. 44, ~ 44.07.,-1-8-68; Ord. No. 156, ~ 2,
9-12-77; Ord. No. 214, ~~ 1,2, 5-13-80)
Sec. 20-55. Compensation; allowances for ex-
penses incurred in performance
of duties.
Members of the planning and zoning board of
the city shall be reimbursed from the city trea-
sury to cover the expenditures naturally and
necessarily incurred by them and that such reim-
bursement for expenses shall be established by
resolution. .
(Ord. No. 44, ~ 44.08, 1-8-68; Ord. No. 219, ~ 1,
7 -8-80)
Sec~ 20-56. Meetings; qUOruJl1; records to be
kept.
The planning and zoning board shall meet at
least once each calendar month at a time set by its
members. A special meeting may be called at any
time by the chairman or any three (3) of its
members if the need should arise. Three (3)
members shall constitute a quorum. No action by
the planning.and zoning board, except a vote to
adjourn or to continue a matter to a subsequent
date, shall be valid or binding unless adopted by
affirmative vote of three (3) or more members of
the board. Complete records of all proceedings
shall be kept.
(Ord. No. 44, ~ 44.09, 1-8-68; Ord. No. 173, ~ 2,
9-8-78; Ord. No. 259, ~ 2, 1-26-82)
1317
~ 20-57
WINTER $PRINGS CODE
Sec~ 20-57. Duties; general.
, The planning and zoning board shall serve as
the planning and zoning commission. It shall be
the duty of the planning and zoning board to
recommend to the city commission the bo.undaries
of the various original zoning dis.tricts and appro-
priate regulations to be enforced therein and any
proposed amendments thereto and shall collect
data and keep itself mfoniied as to. the best
practices generally in effect in .the matter of city
planning and zoning to the end that it may be
qualified to act on measures affecting the present
and future movement of traffic, the segregation of
residentiai' and busines!, districts and the conve-
nience and safety of persons and property in any
way dependent on city planning and zonirig. The
board shall recommend the boundaries of dis-
tricts and appropriate regulations. In addition
thereto, the planning and zoning board shall
serve as the local land planning agency pursuant
- to the county comprehensive planning act and the
locai government comprehensive planning act of
the' .state and the board. shall commence such
. duties on the adoption of the comprehensive plan
. by the city commission.
(Ord. No. 44, ~ 44.10, 1-8-68; Ord. No. 156, g 2;
9-12-77)
- Sec. 20-58, Assistants,
. Expenditures for all professional and clerical
assistants employed in connection with the per-
formance of the functions of the planning and
zoning board shall be within the amounts appro-
priated for such purposes.
(Ord. No. 44, ~. 44.12, 1-8-68)
Sec. 20-59. - Reconunendations.
The recommendations of the planning and zon-
ing _b~ard to the city. commissi~:m shall be in
. writing and in duplicate, and shall show the
estimated cost and the suggested method or meth-
ods of financing. As ~oon as convenient, after the
recommendations are'received by the city commis-
sion, the .city. commission shall call for a public
hearing regarding the regulation, restriction or
. boundaries at which parties in .interest and citi-
zens shall have an opportunity to be heard. Notice
of. the time, place and purpose of the. public
hearing shall be published once, no less than
.fifteen (15) days prior to the time of the hearing in
a newspaper of general circulation in the city and
notice shall also be posted inthree (3) conspicuous
places throughout the city. Mter public hearing,
the city commission. shall. consider and act upon
the recommendations of the planning and zoning
board and upon completion of action by the com-
mission, the city clerk shall return to the plan-
ning and zoning b~ard a copy of the recommenda-
tions with the commission's action noted thereon.
(Ord. No. 44, g 44.13, 1-8-68)
Sees. 20-60-20-75. Reserved,
DIVISION 3. BOARD OF ADJUSTMENT*
See, 20-76. Creation,
There is hereby created . a bo;rrd of acijustment
for the city.
(Ord. No. 44, g 44.17,1-8-68)
See, 20-77. Composition, appointment of
members,
The board of adjustment shall consist of five (5)
members having designated seats bne (1) through
five (5) with such numbers corresponding with a
commission seat. Each member shall be a citizen
and registered. voter of the city and each appoint-
ment by the respective commission member occu-
pying the corresponding numbered seat shall be
subject to commission ratification.
<Ord. No. 44, g 44.18, 1-8-68; Ord. No. 105, .g 1,
7-1-74; Ord. No. 214, ~~"1, 2, 5-13-80)
See, 20-78. Term; filling vacancies; removal
of members.
The term of office of the members of the board
of adjustment shall run from the second Friday in
"'Editor's note-0rd. No. 577, ~. I, adopted Feb. 3, 1995,
amended Div. III, ~~ 20-7~20-84, of Art. II to provide that
the decisions of the board of adjustment shall be recommen-
dations to the city commission and that the city commission
shall be the final authority for granting or denying requests
for variances, special exceptions or other requests pursuant to .
section 20-82. As Ord. No. 577 did not specify amendatory
language, the editor has amended the language of the provi-
sions ofDiv. 3 to conform to the requirements ofOrd. No. 577..
Cross reference-Boards, committees, commissions, ~ 2-41
et seq.
1318
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 FORA PURPOSE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR THE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
PROVIDING FOR THE APPOINTMENT OF AL TERNA TE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE,
WHEREAS, the City is granted. the authority, under ~2(b), Art. VIII of the State
Constitution, to exercise any power for rnuni.cipal purposes, except when expressly prohibited by
law; and
WHEREAS,-the City Cemmission.desires; through the establishrnentofthe.positionof...-.........- ..- .
"alternate member~~. to. the.. v.ariOUs. boards..aRd..-cemmissioFls;. to. -enhanoe- 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.
W Purpose. The purpose of this section is to enhance the public's respect and confidence in the
municipal services delegated to. and performed bv. city boards and committees and to ensure
that decisions of boards and committees are in the best interests of the city. The purpose of
this section is also to establish uniform and consistent procedures and requirements for
establishing and/or abolishing boards and committees. and appointing and removing
members thereof. and for conducting board and committee business.
. The provisions ofthis-sectionshall.not-be-deemed1urepeat-ot-mUdify any tity ordinance Of.
provision of the "~itv." code" "FeIating-.-to .the:;.establishmen~: 'operation-- of 'any-board7""or7":~ - ~t"\ ~'rr- _ Qr--
committees. but the provisions herein shall. be supplemental.and in addition to such
provisions within the city code.
.au Definitions. As used in this section. the terms or phrases listed in this subsection shall have
the following meaning:
"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.
~ 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 bv state or federal law:
ill Complete a board or committee application as prescribed bv the city commission:
City of Winter Springs
Ordinance No. 2001-49
Page 2 of 5
ill Consent to a standard criminal background check:
ill Be duly registered to vote in Seminole County:
ill Be a resident as defined in this section: and
ill Has never been convicted or found guilty. regardless of adjudication. of a felony in
any jurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of this paragraph. .
@ Appointment and removal of members. Unless otherwise required bv 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 maiority vote of
the members of each board or committee. a chaiIperson 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.
ill. Alternate members. At the discretion of the city commission. two (2) alternate members may
be appointed to each City of Winter Springs board or commission. unless otherwise provided
City of Winter Springs
Ordinance No. 2001-49
Page 3 of 5
by law. Alternate members shall be provided with all agendas and documentation provided
to regular members and shall be permitted to provide input during discussions. Alternate
members shall not be permitted to vote on matters before the board unless they have assumed
. the duties of an absent regular member.
The member of the board who has served longer as an alternate member shall be the first
alternate board member. If the first alternate member leaves the board or is appointed a
regular board member. the successor to the first alternate board member shall be that
alternate board member with the longer service as an alternate member. The next appointed
alternate member shall be designated as the second alternate board member.
In the absence of a regular member from an official board meeting. the first alternate board
member shall assume all duties of the absent regular board member. including the right to
vote on any matter before the board at that meeting. If two (2) or more. regular board.
members are absent from an official board meeting. the second alternate member shall
assume all duties of an absent regular member. including the right to vote on any matter
before the board at that meeting.
In the absence of the first alternate board member from an official board meeting. the second
alternate board member shall act in the place of the absent first alternate. including the right
to vote on matters before the board at that meeting if a regular member is absent at that
meeting.
Section 3. ... -Repeal of Prior--Inconsistent Ordinances -and Resolutions. .. 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. IncQrporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5, Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
CitY of Winter Springs
Ordinance No. 2001-49
Page 4 of 5
,/
ADOPTED by the City C.ommissi.on .of ~e City .of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of Oc tober I) .
Approv s to legal form and sufficiency for
of inter Springs only
nthony A, Garganese, City Attorney
First Reading: September 24 , 2001
Sec.ond Reading: October 8, 2001
Effective Date: October 8, 2001
F:\DOCS\City of Winter Springs\Ordinances\Altemate Board Members 2001-49 jpbjd
City of Winter Springs
Ordinance No. 2001-49
Page 5 .of 5
:.
ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE 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 S 2(b), Art. VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City Commission, through Ordinance number 2001-49, amended Chapter
2, entitled Administration, of the City Code of Ordinances to establish uniform and consistent
procedures and requirements for establishing and/or abolishing boards and committees, and
appointing and removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission desires to amend the City Code and City Ordinances to
ensure regulations regarding boards and committees are consistent and not conflicting; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY 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 sttikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter
City of Winter Springs
Ordinance No. 2002-28
Page 1 of 8
2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2 - Administration
* * *
Sec. 2-42. Appointments of boards and committees.
(a) Purpose_ The purpose of this section is to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and committees and to ensure that
decisions of boards and committees are in the best interests of the city. The purpose of this section
is also to establish uniform and consistent procedures and requirements for establishing and/or
abolishing boards and committees, and appointing and removing members thereof, and for conducting
board and committee business.
To the extent the provisions of this section conflict with other provisions of this Code. it is the intent
of the city commission that the provisions of this section shall prevail The plovisiol1s of this section
shall not be deemed to 1 epeal 01 modif} any city 01 dinance 01 pi 0 v ision of tI.e city code I elating to
the- establishment 01 opel ation of any boal d or committe-es, but the pro visions hereil1 shall be
supplemental and in addition to such plovisioI1s 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_
(t) Absences. Unless otherwise provided by state or federal law. ~1\ny board or committee
member incurring three (3) consecutive absences from any regularly scheduled meeting of the board
or committee, or seven (7) five- (5) absences from any meeting of the board or committee within a
twelve-month period (starting with the last absence and counting backward), fron. an} legulady
scheduled meeting, shall be deemed automatically removed from the respective board or committee
in which the absences have occurred. Any meeting which is cancelled. other than for a lack of a
quorum. shall not be counted for purposes of determining absenteeism. Absences which occurred
prior to the date of reappointment of any board or committee member shall not be counted toward
automatic removal.
City of Winter Springs
Ordinance No. 2002-28
Page 2 of 8
(g) Chairmanships. Unless otherwise 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; qualifications, tel illS,
fa] The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The members of the boald shall be lesidehts of tIle It1ul1icipality and appoihtments
Appointments to the board shall be in accOldance with tile applicable law and OIdihanceson 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.
tb7 The appointments to the code enfOlcement hoald sllall be EoI a term oftluee (3) years and
a nlelllber nla)' be reappointed upon applOval of the city comlllissioll. Appoin:tmehts to fill any
vacancy on the enfOl cement hOal d shall be fOI the renlaihdel of the unexpired tellll of office. ffany
menlbel fails to attend two (2) of three (3) successive meetings without cause and withOut plioI'
approval of the chairmal1, tlle board shall declare the membel's office vacant and the city conlJuission
shall promptly fill such vacancy. Members shall serve in accordallce with the Code. and nlay be
suspended and removed fol cause. as plovided in snell oldil1ances EoI lemoval ofmenlbers of boards.
* * *
See, 2-78, Tel illS, oOrganization; meetings.
The members ofDOV/S shall be appointed for a tOlm oftluee (3) yeal 5, tIll ee (3) onhe initial DO'vVS
membeIs shall be appointed for a term ofthtee (3) years, two (2) of the initial DO\VS Itlernbers shall
he appointed for terms of two (2) years, and two (2) onhe initial DOV/S hlenlbers shall be appointed
fol tIle term of one (1) yeal, theleaftel the tellus shall be three (3) years. Iuuhediately upon
appoilltment, the members of the Deautification of'vVihtel Sprihgs DoaI'd shallllle.et and olganize and
shall elect ft om among the melllhel ship a chairman, a v ice-chairman, and a secI eta!), \\- hose tellus
of office sllall be fOI the period of one (1) yeal 01 until theil successOlS ale ekcted by the meIllbers
. .
of the hoald. The Beautification of Winter Springs Board shall conduct such meetings as may be
necessary to properly perform its duties and functions and shall establish rules or bylaws to govern
the manner in which its meetings and affairs are conducted, provided that such rules and procedures
are not inconsistent with federal and state law (where applicable), the City Code or direction of the
City of Winter Springs
Ordinance No. 2002-28
Page 3 of 8
City Commission.
Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code
Chapter 14 is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance)_
Chapter 14 - Personnel
* * *
Sec. 14-52, Board of trustees.
(a) There is hereby created and established a board of trustees consisting offive (5) members who
shall be appointed fOf a tell!l of tllree (3) years by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The successOlS of the 01 iginal appointees
shall be appointed for telIns oftlllee (3) yeals by resolution of the city conlluissiol1. 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 member of the board of trustees may be renloved at al1Y tilue during his terlll upon a
majotity vote, of the Gity commission. Au}! luelubel of the board oftlUstees wl10 is absent flom luOle
than two (2) consecuti ve meetings sllall autolhatically forfeit his position 011 the boar d.
Wtd7 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 No. 2002-28
Page 4 of 8
Chapter 18 - Taxation
* * *
Sec. 18-55, Creation of advisory committees.
* * *
(d) Unless otherwise provided by resolution of the city commission:
(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 ofthe 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 tllereaf1:er ruenlbers shall serve not r(lore thah two
(2) cOhsecutive J-year tell us,. persons serving partial ternlS shall be ciltitled to sel ve the partial ternl
and two full conseGUti ve J-year tell us, 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 lllembeIs a chaiilllall alId suGh officers as it IIlay
deem appJOpriate, however, each advisory conuhittee shall designate from its members one person
who shall serve as the otlicialliaison 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) Oil rhatter S requir ing a v ote of the ruenlbership of the ad v iSOI y coruillittee, allruembers sllall
vote unless an actual conflict of inter est is stated on the record,
City of Winter Springs
Ordinance No. 2002-28
Page 5 of 8
(7) Each advisory committee shall meet not less than once quarterly failUl e to attend tl.1 cc (3)
meetilIgs ill allY ol1e (1) twelve-montl. peIiod 01 thlce (J) collsecutive advisoly cOlllluittee luee-tillgs
sl.all be groUl.ds faI leluoval.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks 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 teln. of office of the men.bers of the plahning and zoning boal d sl.all I UI1 fl om the second PI iday
in July the ahd each Each member appointed shall serve as provided in Chapter 2 of the city code for
a term of two (2) yeals, 01 untill.is successor is appointed and qualified. Except howeveI, d.e filst
board appointed shall sel ve tel illS as follows. Seats two (2) and foul (4) sl.all seI ve tI.e full two-year
teIlu el1dihg July 10, 1982. Seats olIe (1), three (J), al1d five (5) shall sel \Ie a olIe-year telm eliding
Jul} 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 comluissiOII for failure to peIfonlI theil duties 01 other ll1iscol1duct in office or
automatically fOI failure to attehd thlee (J) Illeetings witI.in any twelve-n.ol1tl. peliod oftilue. :ror
pUl poses of I el110 '" aI, an absellGe fi 0111 a speGiaIl}' Galled 111{,(.ting ofd.e boal d sl.all ('OOl1t d.(. same as
an absence [roIu a I egulaIly scheduled meeting.
Sec. 20-54. Reserved Appointment of c.hair man, l ice-chait man.
Tl.el e sl.all be a chaillllah and v ice-chairman of the planning alId zonihg boal d selected fr Olu alId by
the 11Ielllbers_ They sl.all sel ve a tel III of ol1e (1) yeal or uhtil their appoilItl1.ellt to tI.e board is
telmihated, whid.ever is shorter, unless soonel lehlo~ed by the board.
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
Tile tenll of office of tile rnenlbers of tile boar d of adjustrl1ent sllalll UII fi 0111 tile second Priday ill July
and each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) yeals, 01 ulltilllis successol is appoillted and qualified. Except howevel, the
first board appoihted shall sel ve teIlllS as follows. Seats two (2) and foul (4), sllall sel ve tile full
two-year tenn eItding, July 10, 1982. Seats one (1), tllree (3), aItd five (5) sllal1serve a oIte-yeal tenll
elldillg 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 c0Il1I11ission fOI failur e to perfoIlll theil duties 01 fOI otllel
IlliSCOllduct in office 01 autonlatically fOI failure to attend tllree(3) l11eeting,s within any twel ve-ll1onth
peliod of time. Por pur poses Ofl emoval, aIt absence froll1 a spedally called hleeting, of tile board shall
COUllt the same as an absence fi om a I egularly sdledule meetillg.
Sec. 20-79, Reserved Appointment of chaiuuan, vice-chailInan.
Tllel e shall be a chailman aItd vice-dlainnaIt of tile boal d of adjustrllent selected fi om alld by the
hlelllbels. They sllall serve a tel m of one (1) yeal 01 until their appointment to the boal d is tellhihated,
wllidlevel is sllorter, unless soonel lellloVed by the board.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance_
Section 9. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City
Charter.
City of Winter Springs
Ordinance No. 2002-28
Page 7 of 8
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of September , 2002.
\
A'f\TEST:
I\l
ANDREA
City CI
(j -. =
~-----
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
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City of Winter Springs
Ordinance No. 2002-28
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