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HomeMy WebLinkAbout2003 01 13 Regular J Appointment/Reappointment to Board of Trustees '. .4 -. COMMISSION AGENDA ITEM J Consent Informational Public Hearing Regular x January 13.2003 Regular Meeting yv--. Mgr. / Authorization REQUEST: The City Clerk requests that Commissioner Michael S. Blake and Commissioner David W. McLeod each make an AppointmentJReappointment to the Board of Trustees (pension Plan). The terms of office for these remaining two (2) Board of Trustees (pension Plan) Members will be expiring in January 2003. PURPOSE: As the terms of office for the current Board of Trustees (pension Plan) Members under Seat Two and Seat Five will expire in January 2003, this Agenda Item is needed so that Commissioner Michael S. Blake and Commissioner David W. McLeod can each make their AppointmentJReappointment to the Board of Trustees (Pension Plan). CONSIDERATIONS: The term of office for Members of the Board of Trustees (Pension Plan) is three (3) years. .4 ~ CITY OF WINTER SPRINGS REGULAR AGENDA ITEM "J" CITY COMMISSION REGULAR MEETING - JANUARY 13.2003 PAGE20F3 BOARD OF TRUSTEES (PENSION PLAN): · Vincent Giannoni - Reappointed on November 25, 2002 by Commissioner Edward Martinez, Jr. · Robert Nippes- Reappointed on November 25, 2002 by Commissioner Robert S. Miller · Vernon Rozelle - Reappointed on November 25, 2002 by Commissioner Cindy Gennell The terms of office for the following individuals will be expiring in January 2003: . Mark Lammert . Mark Queen Any Appointments/Reappointments that are not made at this Meeting, will be placed on subsequent Agendas, until the vacancies have been completed. FUNDING: None. RECOMMENDATION: It is recommended that Commissioner Michael S. Blake and Commissioner David W. McLeod each make an Appointment/Reappointment to the Board of Trustees (pension Plan), as the current Board of Trustees (Pension Plan) Members terms of office for Seat Two and Seat Five expire in January 2003. As the Board of Trustees (pension Plan) usually meets on a quarterly basis, and their next regularly scheduled Meeting is slated for January 28, 2003, it would be highly preferable that all Members of this Board are seated as soon as possible so that normal business of this Board may continue, including any Special Meetings that may be needed. ATTACHMENTS: A. Copy of a Memorandum, dated October 21, 2002, sent to the City Commission outlining information pertaining to the upcoming vacancies on the Board of Trustees (Pension Plan) including letters sent to each of the Board Members; an excerpt from the City's Code of Ordinances; and related Ordinances. B. Appointment History. :- ~ CITY OF WINTER SPRINGS REGULAR AGENDA ITEM "1" CITY COMMISSION REGULAR MEETING - JANUARY 13,2003 PAGE30F3 COMMISSION ACTION: ATTACHMENT "A" MEMORANDUM TO: Mayor And City Commissio\ / Andrea Lorenzo-Luaces, C~ity Clerk FROM: SUBffiCT: Upcoming Board Of Trustees (pension Board) AppointmentslReappointments DATE: October 21, 2002 Please find the .following information pertaining to the upcoming Board of Trustees (pension Board) AppointmentslReappointments: · A copy of the letters recently mailed to all Advisory Board/Committee Members whose terms_ of office are_duelo_.expire.in January 20D3_ · An excerpt from the Code of Ordinances, Ordinance 2001-49, Ordinance 2002- 28, and a copy of the Board of Trustees (pension Board) Member List The AppointmentslReappointments for all applicable seats will be placed on City Commission Meeting Agendas, beginning with t~e Meeting of Noyember 25, 2002. Please note that currently there is one Seat on the Board of Trustees (pension Board) which is vacant. The proposed Appointment to fill this Seat will be noted on the November 11, 2002 Regular City Commission Meeting Agenda. As always, if I may be of further service, please feel to let me know. COPY: Ronald W. McLemore, City Manager Anthony A. Garganese, City Attorney Attachments DOCS/citycterk/correspondencelcommission/2002/0285.doc -..I\NTe'--- ..., __ 'T ~ (jk'--.'~;)"" t ( "., '~;:L;-\ f, u . . .:;---4 III . \lnc'.,>(~'\ \)/ . ',_ 1959 .V '~.. .R-(OR\OI'-" CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 October 16, 2002 Mr. Mark Queen 129 Cheny Creek Circle .' Winter Springs, Florida 32708 Dear Mr. Queen, . As you probably are aware, your term of office as a Member of the City of Winter Springs' Board of Trustees (pension Board) expires in January of 2003. I am currently in the process of notifying all aoard Members, along with the Mayor and City Commission as to the terms of office that will be expiring. If you are interested in being considered for Reappointment, please provide both a letter of intention and complete the attached application (which is now a requirement per the .passage of Ordinance 2001-49). Both documents should be forwarded to my attention, prior to Friday, November 8;.100-2:-- At theappropriateti:me;-Iwill-then forward.copies-to .... . the Mayor and City Commission for their review and consideration. Should you not wish to be considered for Reappointment, then please also forward this information, in writing, to my attention prior to Friday, November 8, 2002. If! may be of further assistance, please don't hesitate to contact me at (407) 327-5955. Sincerely, CITY OF WINTER SPRINGS J\,J~ / Andrea City Clerk COPY: Mayor And City Commission Attachments DOCSlboardslboardo firustees/all \I correspondence/2002/0026 ,doc ~ 14-30 WINTER SPRINGS CODE leges and other conditions thereunto appertain- ing, of Title II of the Social Security Act as amended, for and on behalf of all officers and employees of its departments and agencies to be covered under the agTeement. (Code 1974, ~ 2-4(g)) Sec. 14-31. Custody of funds, The city clerk is hereby designated the custo- dian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city, and the city clerk is hereby made the withholding and report- ing agent and charged with the duty of maintain- ing personnel records for the purposes of this article. (Code 1974, ~ 2-4(h)) Sees. 14-32-14-50. Reserved. ARTICLE III. PENSION PLAN Sec. 14-51. Adopted, (a) The city does hereby elect to provide for its employees a money purchase pension plan and . trust, such plan and trust to be known as the "Pension Plan for the Employees of the City of Winter Springs, Florida" (hereafter referred to as lithe plan"). The plan shall be administered by a board of trustees as appointed in section 14-52. (b) The city does hereby approve and adopt the plan, a copy of which is on file in the city clerk's office and authorizes the mayor and city manager to execute the plan on behalf of the city. The plan may be amended from time to time by resolution of the city commission. (c) The cost of the plan shall be paid entirely by the city from the general fund. . (d) The city shall be bound by the terms and conditions of the plan. . (Code 1974, ~ 2-6(a)-(c), (e)) See, 14-52, Board of trustees. (a) There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed for a term of three (3) Supp. No.1 years by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. The successors of the original appoin- tees shall be appointed for terms of three (3) years by resolution of the city commission. Vacancies in the board shall be filled by the city commission for the unexpired term of such vacancy. (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 removed at any time during his term upon a majority vote of the city commission. Any member of the board of trustees who is absent from more than two (2) consecutive meetings shall automat- ically forfeit his position on the board. (d) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commis- sion. (Code 1974, ~ 2-6(d); Ord. No. 411,.* 1, 3-14-88; Ord. No. 554, ~ 1, 1-24-94) 934 [The next page is 985J ,r c \ ) ..) ( \. ) qo '. '.:;.-,.:: ":':~:"~~"'~ ',' .;,~:::." " 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 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 municipal purposes, except when expressly prohibited by law; and WHEREAS; the -City Commission -desires,--through-thenestablishment-ofthe -position -of- -____ _ ..__ . _~. _. "alternate member~~ - to- th~.wrious - b0ards- -and. .oommissieas-;-te--enhanee. the- publie's- i'espeet-.and-.-- : __.. _.. ._; ._. .. _ confidence in the municipal services delegated to, an:d performed by, city. boards and committees and to ensure that decisions of boards and committees ar~ 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 boar<Js 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 m. Boards, Committees, Commissions Division I. Generally * * * Sec. 2-42. Appointments of boards and committees. Wl. 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 boarcls and cQmmittees. and appointineand removing members thereof. and for conducting board and committee business. The provisions of this. section-s hall not-beodeemedotoTepealormodify ahYcitv ordiiiance or. provision of the .aity.:eOOe' relating".{t) ..the:-establishment 'or-operation-.of-any'buard -crr---.'-'--- _______ .. 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 or phrases listed in this subsection shall have the following meaning: W Requirements of board and committee members. Any person.nominated. elected or appointed to serve on a board or committee of the city shall satisfy the following requirements. except as otherwise provided by state or federal law: I ill Complete a board or committee application as prescribed by the city commission: City of Winter Springs Ordinance No. 2001-49 Page 2 of 5 .. . ill Consent to a standard criminal background check: ill Be duly registered to vote in Seminole County: ill Be a resident as defined in this section: and ill Has never been convicted or found guilty. regardless of adjudication. of a felony in any iurisdiction. any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. @ Appointment and removal of members. Unless otherwise required by state or federal law. or specifically provided otherwise ill .the Code. all persons shall. be appointed to. and removed from city boards and committees by maiority vote of the city commission. Board and committee members shall serve at the pleasure of the city commission and may be swnmarily . 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. Anvbe-ard OF committee member-ineurring three (3 )-conseeutive 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 .boa.rd and committee shall be responsible to elect. by maiority 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. .au . Alternate members. At the discretion of the city commission. two (2) alternate members may be appointed to each City of Winter Springs board or commission. unless otherwise provided City of Winter Springs Ordinance No. 2001-49 Page 3 of 5 by law. Alternate members shall be provided with.all agendas and docwnentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be "ermitted 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 asswne all duties of the absent regular board member. including the right to vote on anv 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- asswne 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. Ordinanees..andl. Resolutions;.. AH--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 nwnber 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 / ; .! l. ADOPTED by the City Commission of the City of Winter Spring.s, .Florida, in a regular meeting assembled on the 8th day of October " L : J " ,.'1 NZO-LUACES Approv s to legal form and sufficiency for of inter Springs only nthony A. Garganes~, City Attorney ~ First Reading: September 24, 2001 Second Reading: October 8, 2001 Effective Date: October 8, 2001 F:\DOCS\City of Winter Springs\Ordinances\Altemate Board Members 2001-49 jpb.jd City of Winter Springs Ordinance No. 2001-49 Page 5 of 5 ORDINANCE NO. 2002-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OPERATION OF AND APPOINTMENT AND REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REMOVAL OF INCONSISTENT PROVISIONS WITHIN THE CITY CODE AND CITY ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES .AND RESOLUTIONS; PROVIDING FORINCORPORA nON-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 ~d committees are consistent and not conflicting; and WlIEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter . Springs. . NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Chapter 2 Code Amendment. The City of Winter. Springs Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter City of Winter Springs Ordinance No. 2002-28 Page 1 of 8 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 - Administration '" '" '" 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 unifonn 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 plo\lisioJls of this section ~~l ~ ~~ ~~nled to 1 cpea:l 01 modify allY city 01 dina.nce or pro\lision of the. city code 1 elating to the establishment 01 opeIa:tioll of any board or conmlittees, but the provisions he1cin shall be supplemental and in addition to such provisions. witllin the city code. * * * (e) Term. Unle.ss otherwisepm:v.ided.by-state or. federal law; .~Mlb0ard ftfld.committee.memberS"-.-----.,----~.-- shall be appointed to .serve three-year tenns and may be reappoint~d by the city commission for . subsequent three-year terms withoutlimitation. 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. i!,1\ny board or committee .member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or comri1ittee, or seven (7) fi"e (5) absences from any meeting of the board or committee within a . twelve-month period (starting with the last absence and counting backward), &0111 any re~ularly scheduled mee.tin~, 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. 2Q02-28 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 n~t be elected to positions of chairperson or deputy-chairperson. * '" It Sec. 2-57. Membership; appointment; qualifications, tel nlS. ta1. The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The membels of the board shafl be J.esidents of the l1:lultlc.ipality and appointments Appointments to the board shall be in accordance with the applkable law and ordinances on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possible, include an architect, a businessman, an engineer; a general contractor, a subcontractor and a realtor or as otherwise. provided by law. (b} The appointments to the code enfoIGement board shall be for a teull ofthtce (J) years and a member mcry be Ieappointed upon approval of the city commission. Appoi:ntnlents to fill any vacancy qn the enforcement board shall be fur the I emainder of the unc'xpiI ed term of office. ffany ~J.~~~ ~~s to attend two (2) of.th1ee-(J} successive meetings without cause wid witllvul PJ.~Vl approval ofthe_cha::unlall, the bOald shall declare the membeI's office vacant and the dry cOlnhnssion shall pIohlptly.fill such ""aeaney, -Mentbel-s--shall sene hi llccoIdance with the Code cl.ud maj bl;;; . suspended and lemoved for cause as prOvided in such ordinallCeS fOI Iel110val of members ofboalds. '" '" '" Sec. 2-78. Telllls, oOrganization; meetings. - Thcmembers ofDO'vVS shaH be appointed fur a tel ill oftmce (J) years, thrce (J) of the illitialDOV/S menmers shall. be appointed for a tenll oftll1ee (J) }lealS, two (2) of the iJ.tltial DO\YS members shafl be appointed fOI terms of two (2) }lears, a.J.1dt~o (2) of the in:itial DOWS membe15 shaH be appointed ~~ ~~~~ term of one (1) year, thereafter the telIllS sha:Hbe tll1ee (3) yea.Js. Innuediately upon appointment, the members of the Deautification of VI inter Springs DOal d shall mc~t and 01 ~allize and shall elect flom among the membership a Chaillllall, a vice-chairman, and a secretary, Vvhose tellllS of office shall be for the pedod of one. (1) year 01 until their SUCCC;SSOIS ale elected by the members of the boc1.l d. The Beautification of Winter Springs Board. shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules or bylaws to govern the manner in which its meetings and affairs are conducted. provided that such rules and procedures are not inconsistent with federal and state law (where applicable). the City Code or direction of-the City of Winter Springs Ordinance No. 2002-28 Page 3 of 8 City Commission. Section 3, Chapter 14 Code Amendment. The City of Winter Springs Code Chapter 14 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 14 - Personnel '" '" '" Sec. 14-52, Board of trustees. (a) There is hereby created and established a board of trustees consisting offive (5) members who shall be appointed fora term of thtee. (J) yeats by resolution of the city commission. Eaqh commissioner shall have one (1) appointment to the board. The successors of the original appointees - shall be appointed WI terms of three (J) yeats by resolution of the city cOllumssion. 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 nvo(2) regularly scheduled commission meetings after a vacancy. occurs--ora -term 'expires-:. that-seat-willbe' filled . by -the -mayor; -subiectto the ratification -by.. _..... _. :____ _:.... _ the city commission. . (b) The board of trustees shall meet no less than quarterly to review the performance of the . pension plan and conduct such other business as the board deems appropriate and necessary. (c) AIry Inember of the boatd oftmstcGs may be removed at any time during his term upon a majority vote ofthec.ity conl11tission. Any member of the board oftIUstees who is absent fioIn mOle . than two (2) consecutive meetings shall automatkally forfeit his position on the board. {8(d} The board of trustees shall administer. the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. .. Section 4. Chapter 18 Code Amendment. The City of Winter Springs Code Chapter 18 is hereby amended as follows: (underlined type indicates additions and suikeout type indicates deletions, while asterisks (~ * *) indicate a deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2002-28 Page 4 of 8 ) . . Chapter 18 - Taxation * * * Sec. 18-55. Creation of advisory committees. * * If (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 commissioIi~ however each nominee shall be confirmed by majority vote of the entire city commission; -, (2) Two (2) members of the advisory committee first appointed, .by the commissioners from seats 2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; the successors of the original appointees shall be appointed for terms of three (3) years. in - accordance with Chapter 2 of the .City Code: by thel eaftc.r membels shall sen e. not mOl e than tV>' 0 (2) C01l50CUti vO J-year terms, .persons 501 \ling partial tenns shall be entitled to sene tile partial tenn and two full consecutive J-yea1 teBus, 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 urtexpired term of such vacancy. If any commissioner fails to appoint a member within two (2) reln;llciriy 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. from its members a. chaiunaJ.l and such officers as it may deom appropIiate, hol'Vever, 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 coinmunications to the city manager regarding the business of the advisory committee; (5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and in all ways conducted in conformance with all government in-the-sunshine and open public-records laws; (G) On mattels requiIing a vote of the membership of the advisory connllittce, all members shall vote unless an actual conflict of interest is stated on the.recold, City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 (7) Each advisory committee shall meet not less than once quarterly failure to a1.tehd three (3) . meetings in anyone (1) twekie-month period or three (3) consecuti~e advisory committee meetings shall be grounds fof iemova:l. 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 '* 11: lit Sec. 20-53. Term; filling vacancies; removal of members. The term of office of tile inembers of the planning and zoning board sllMI run Hom the second Ffiday in July the and each Each member appointed shall serve as provided in Chapter 2 of the city code for -f..- a tenn of t~o (2) years, or until his successor is appohrted and qualified. Exc.ept hovvever, the filSt board appointed shall sene teln15 as foHows. Seats two (2) and rom (4}shail sel ve the full t~o-yeat tenu ending Jury 10; 1982. S.eats one (1), three (J), and five (5) shall se:t ve a one-yeat lenll ending July 10, 198.1: Vacancies on the board may-beillied 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 commi~sion meetings after a vacancy occurs or a tenn expires, that seat will be filled by the mayor,. subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the city code by the commission for failure to perform thei~ duties 01 other misconduct in office or automatically for fattme to attendtinee (3) meetings within atl)1 twelve-month period oftilae. For pm poses o[.Iemoval, an absence flom a specially ca:l:led meeting o[t11o board shall count thc same as . an absence from aHlegularry scheduled meeting. Sec. 20-54. Reserved Appointnlent of cha:h niall, ~ice-chail man. There shall be a chairnla.11 and vice-cha.iuilan of tile planning and .lOlling boal d selected fi om and by the members. They shall sel ve. a term of one (1) }leaf or until their appointment to the boatd is terminated, whichever is shorter, unless sooner remOved by the board. lit 11: lit Sec, 20-78. Term; filling vacancies; removal of members, City of Winter Springs Ordinance No. 2002-28 Page 6 of 8 The term of office of the members of the board ofadjustmeht shall run fiOhl the second FIidcry in July .and each Each member appointed shall serve. for a term as provided in Chapter 2 of the code of ordinances oft"",o (2) yeals, or until his succeSSOl is appointed and qualified. :Except howe"\1el, the first bOald appoillted shall sene tellUS as follows. Seats two (2) alld fOUl (4), shall sene the full tl'\lo-yeal tenn ending.July 10, 1982. Seats one (1), tluee (3), and five (5) sllC'tllsene a olle-yeal tean ending Jul}' 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 commission rOl failUl e to perfollll theiJ duties or for othel nusconduct in office or automatically fO! fa:ilur e to attend three (3) lheetings 1'\1 ithin all}' t w el ve-nlOnth period of tUde. Por pUlposes oflemoval, an absencefIom a specially caRed meeting of the bowd shall count the same as an absence fr om a I egularIJ schedule meeting. Sec. 20-79. Reserved Appointment of chair man, l ice-chailman. There shall be a chaillnan and y ice-chail mc111 of the bOal d of adjustnlent selected from and by the membels. They shaflsel yea term of one (1) year or until their appointnlent to tIle board is telminated, whichevel is shorter, unless soonel lemoyed by the boald. _. , . 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 o(Winter Springs, Florida, in a regular meeting assembled on the 23rd day of September , 2001. A~T~ST: t\L ANDREA City CI t..X PAUL P. PAR'n:'XA Mayor ~ NZO-LUACES s to legal form and sufficiency for inter Springs only Anthony A. Garganese, City. Attorney First Reading: September 9, 2002 Second Reading: September 23, 2002 Effective Date: September 23, 2002 F:\Docs\City of Winter Springs\Ordinances\Board Committee Ordinance. wpd City of Winter Springs Ordinance No. 2002-28 Page 8 of 8 BOARD OF TRUSTEES (PENSION PLAN) Mark Lammert · Appointed to the Board of Trustees (pension Plan) on November 11, 2002 · Appointed by Commissioner David W. McLeod · Term expires January 2003 Mark Queell · Appointed to the Board of Trustees (Pension Plan) on January 24,2000 · Appointed by Commissioner Michael S. Blake · Term expires January 2003