HomeMy WebLinkAbout2003 01 21 Regular I Appointment to the Planning and Zoning Board/Local Planning Agency
COMMISSION AGENDA
ITEM I
Consent
Informational
Public HearJing
Regular X
;2(
January .H. 2003
Regular Meeting
rv--
Mgr. /
Authorization
REQUEST:
The City Clerk requests that Commissioner Sally McGinnis make all1 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 Board/Local Planning Agency, as a result of
her own resignation from the Planning and Zoning Board/Local Planning Agency,
CONSIDERATIONS:
· Former Planning and Zoning Board/Local 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 Board/Local Planning Agency; Ordinance 2001-49; and Ordinance 2002-
28.
COMMISSION ACTION:
ATTACHMENT
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ATTACHMENT
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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 designated 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, S 2,
9-12-77; Ord. No. 214, SS 1, 2, 5-13-80)
Sec. 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 term ending July 10, 1981. Vacancies on
the board may be filled by 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 within any twelve-month period of time. For
*Cross reference-Boards, committees, commissions,
g 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, S 44,06, 1-8-138; Ord. No. 156, S 2,
9-12-77; Ord. No. 214, SS 1, 2, 5-13-80; Ord. No.
259, S 1, 1-26-82)
Sec. 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, S 44.07" 'l-8-G8; Ord. No. 156, S 2,
9-12-77; Ord. No. 214, SS 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-G8; Ord. No. 219, ~ 1,
7 -8-80)
Sec. 20-56. Meetings; quorum; 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, S 44.09, 1-8-G8; Ord. No. 173, S 2,
9-8-78; Ord. No. 259, S 2, 1-26-82)
1317
~ 20-57
WINTER SPRINGS 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 boundaries
of the various original zoning districts and appro-
priate regulations to be enforced therein and any
proposed amendments thereto and shall collect
data and keep itself infonned 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 business districts and the conve-
nience and safety of persons and property in any
way dependent on city planning and zoning. 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
local 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, S 44.10, 1-8-68; Ord. No. 156, S 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, S 44.12, 1-8-68)
Sec. 20-59. Recommendations.
The recommendations of the planning and zon-
ingb~ard to the city commission 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 ofthe hearing in
a newspaper of general circulation in the city and
notice shall also be posted in three (3) conspicuous
places throughout the city, After pUlblic 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 board a copy of the recommenda-
tions with the commission's action noted thereon.
(Ord. No. 44, S 44.13, 1-8-68)
Sees. 20-60-20-75. Reserved.
DIVISION 3. BOARD OF ADJUSTMENT*
Sec. 20-76. Creation.
There is hereby created a board of adjustment
for the city.
(Ord. No. 44, S 44.17, 1-8-68)
Sec. 20-77. Composition, appoiintment of
members.
The board of adjustment shall consist of five (5)
members having designated seats one (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 E~ach appoint-
ment by the respective commission member occu-
pying the corresponding numbered seat shall be
subject to commission ratification,
(Ord. No. 44, ~ 44.18, 1-8-68; Ord. No. 105, S 1,
7-1-74; Ord. No, 214, SS 1, 2, 5-13-80)
Sec. 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-Ord, No, 577, ~ I, adopted Feb. 3, 1995,
amended Div, III, ~~ 20-76-20-84, 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 spedfy 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
r,
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 ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted, the authority, under ~2(b), Art, VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, -the City Commission desires,- through the establishment of the' position of, -.... ..--- ..,
"alternate member:~, to, the..various. boards.and,-cemmissions;, to, -enhanoe- the, publ<<::.'s, respeet-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 I 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 shikc,out 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. A{lpointments 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 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.
The provisions of this'sectionshall'not'be -deerned~o repeal O'rmO'dify any city ordinance or
'provision of the .e1tv.. c0de, .relating...m -the::establishment:7-0r: -operation- of 'any-board :-OF7':~ '~,.., ~'Ii-, 0:;:--
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:
"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.
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:
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 jurisdiction, any plea of nolo contendere shall be considered a conviction for
purposes of this paragraph.
@ Appointment and removal of members. Unless otherwise required by state or federal law, or
specifically provided otherwise in the Code, all persons shall be appointed to, and removed
from city boards and committees by majority vote of the city commission. Board and
committee members shall serve at the pleasure ofthe 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, whomshaU 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 me:eting, 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 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,
(hl, 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 otheIwise 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..lnconsistent, Ordinances and ResolutiolllS. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4, Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida,
CitY of Winter Springs
Ordinance No. 2001-49
Page 4 of 5
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of October , ~1.
~')(l,/
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PA L P. PARTYK
Mayor '0....-/
Approv s to legal form and sufficiency for
of inter Springs only
nthony A. Garganese, City Attorney
First Reading: September 24, 2001
Second Reading: October 8, 2001
Effective Date: October 8, 2001
F:\DOCS\City of Winter Springs\Ordinances\Alternate 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 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 TION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under 9 2(b), Art, VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City Commission, through Ordinance number 2001-49, amended Chapter
2, entitled Administration, of the City Code of Ordinances to establish uniform and consistent
procedures and requirements for establishing and/or abolishing boards and committees, and
appointing and removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission desires to amend the City Code and City Ordinances to
ensure regulations regarding boards and committees are consistent and not conflicting; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare 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 I of 8
2, It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 2 - Administration
* * *
Sec. 2-42. Appointments of boards and committees.
(a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and committees and to ensure that
decisions of boards and committees are in the best interests of the city, The purpose of this section
is also to establish uniform and consistent procedures and requirements for establishing and/or
abolishing boards and committees, and appointing and removing members thereof, and for conducting
board and committee business,
To the extent the provisions of this section conflict with other provisions of this Code, it is the intent
of the city commission that the provisions of this section shall prevail TIle plovisiollS oCtllis section
shall hot be deemed to repeal or modif} auy city ordihancc or Plovision of tile city code (elating to
the establishment or opelation of any board or committees, but the plovisiohs helein shall be
supplemental and in addition to such provisions within the city code.
* * *
(e) Term, Unless otherwise provided by state or federal law, ~:All board and committee members
shall be appointed to serve three-year terms and may be reappointed by the city commission for
subsequent three-year terms without limitation, If a member is removed, or vacates their appointment
for any reason, including death, excessive absences, or resignation, prior to the expiration of their
term, the city commission may at its discretion appoint the first alternate member described below,
or other qualified individual, whom shall serve the remaining portion of the unexpired Iterm,
(f) Absences. Unless otherwise provided by state or federal law, ~Any board or committee
member incurring three (3) consecutive absences from any regularly scheduled meeting of the board
or committee, or seven (7) five (5) absences from any meeting of the board or committee within a
twelve-month period (starting with the last absence and counting backward), fi 0111 allY I egularly
sclleduled 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, telms.
tal The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The membels of the boal d shall be I esidents of tile IIlUllicipality and appointments
Apoointments to the board shall be in accordalIce \1V ith the applicable la w alId 01 dinalIces, on the basis
of experience or interest in the fields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a
general contractor, a subcontractor and a realtor or as otherwise provided by law,
tbJ ThG appointllIents to the code enfulcement boald sllall be fOI a tellll of three (3) yeals and
a IIlembel nla)' be reappoilIted upon apploval of the city cOlllnlission, Appointments to fill any
vacanC} on the enfOlcemeht boald shall be [01 the relIlailIdel of tile ul1expiled term of office. If-any
nlelllbel fails to attend t\1VO (2) oftluee (J) successive nleetings without cause and v-.ithout pliol
appl 0 val o[the chairman, the boal d shall declare the IlleIllbel'S office vacant and tile city conIlnission
shall promptly fill such vacancy, Membels shall sel ve in accOI dance with the Code alId nlay be
suspended and lemoved fill cause as provided ill such oldinalIces fOI I emoval ofmembels of boards,
* * *
Sec. 2-78. TC111lS, oOrganization; meetings.
The membels ofDOViS shall be appointed fol a telm oftluee (J) yealS, UllGe (J) of the iuitial DO\VS
hlembel s sIlall be appointed fOl a teuu oftluee (3) yeals, two (2) of tile initial DOViS m<~mbels shall
be appointed for telms oftt'Vo (2) yeals, al1d two (2) of tile initial DO\VS nlenlbers shall be appointed
fol the tellll of onG (1) yeal, theleafier the telms shall be tlIlee (J) years. Imnlediately upon
appointment, the membel s oftlle Deautification ofWilItGI Spl ings Doal d shall !lleet and 01 gailizc and
shall elect flOl1l among the Ihembelship a dlairman, a v ice-ehaiI111ah, and a seel eta!']', whose tGllllS
of office shall be for the period of one (1) yeal 01 until theil successors are dected by the IlIembels
of the boald, 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 stlikeout 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 [01 a tellIl of tlllee (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 appoilIted rol tel illS oftluee (3) years by resolution of the city colllmissioll. 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 l11embel of the boald oftIUstees may be lellloved at any tilhe during llis l.enll upon a
majority vote of the city comlIlission, AllY IlIell1bel oftl,e boald oft[ustces \1\1110 is absent from IIIO[C
tllah two (2) consecutive meetings shall automatically forfeit his positioh 01I tile board.
WtdJ The board of trustees shall administer the city's pension plans pursuant to th,e 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 stl ikeout 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 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 tlleleafter l11elllbelS shall sel ve not more thall two
(2) cOIIsecuti ve J-year telIus, pel sons Se.1 vihg partial tellus sllall be ehtitled to sel ve tile partial term
alld two full consecutive J-yeal ternls, 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 citv 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 ilIa}! elect fronl its menlbels a dlailluah ahd such officels as it may
deem appropriate, howevel, each advisory cOl1lmittee shall designate from its members one person
who shall serve as the official liaison between the advisory committee and the city; such liaison shall
direct, all formal communications to the city manager regarding the business of the advisory
committee;
(5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and
in all ways conducted in conformance with all government in-the-sunshine and open public-records
laws;
(G) On luatters requil ing a vote of tIle nlembership of the advisory conlmittee., alllllembers shall
vote unless an actual cOllflict of intel est is stated 011 the reCOI d,
City of Winter Springs
Ordinance No, 2002-28
Page 5 of 8
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and st,[ ikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 20, It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 20 - Zoning
* * *
Sec. 20-53. Term; filling vacancies; removal of members.
The tel nl of office of the l11e!lIbel s of the plahning and zohiltg board sllall I Ult from tile s<~cOhd VI iday
in July tile ahd eacll Each member appointed shall serve as provided in Chapter 2 of the city code for
a term of two (2) years, 01 until his successor is appointed ahd qualified. Except llowe,ver, tile first
boald appointed shall sel ve terms as follows, Seats two (2) and foul (4) shallsel ve tile full two-yea!
tell1l ehding July 10, 1982, Seats olte (1), tit! ee (3), alld fi ve (5) sllall sel ve a olte-year te1l1l eltdillg
July 10, 1981, Vacancies on the board may be filled by the commission member whose seat number
corresponds with the vacant planning and zoning board seat subject to commission ratification, Ifany
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 c.onmlission fol failure to pel fal hI their duties 01 othel 11Iisconduct in office or
autollIatically fal failUl e to attend tllree (3) 11Ieetings witllin allY twel ve-ll1011tll period of tillIe, ror
pUlposes ofremoval, ah absence fiom a specially called hleeting oftlle boald sllall count the sanle as
ah absehce [10111 a I (,gularly scheduled l1leetihg,
Sec. 20-54. Reserved Appointment of chail man, vice-chait man,
There sllall be a cllaiIillah and ~ice-chaillllah of the plahhihg and zoning board selected fiom and by
tile 11Ielnbers, Tiley sllall serve a tenn of one (1) yeaI 01 until their appoilltlllellt to tile board is
teIIlIihated, whiclleVeI is sllortel, uhless soonel leIlloved by the boald,
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No, 2002-28
Page 6 of 8
TI.e tern. of office of tile n.elllbel s of tile board of adjustl.lellt sl.alll Uli fron. tile second PI iday ili July
and eac). Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) yealS, or untilllis successor is appointed and qualified, Except however, tIle
filst boald appoihted sl.all S~l ve teIlIlS as foIloV\ls, Seats two (2) and fuUl (4), shall sel ve the full
two-year tell II endilig July 10, 1982, Seats Olle (1), till ee (3), and fi ve (5) sl.all sel v~ a olie-year tel III
eliding July 10, 1981. Vacancies on the board may be filled by the commission member whose seat
number corresponds with the vacant board of adjustment seat, subject to commission ratification, If
any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings
after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the
ratification by city commission, Members shall be subject to removal from office as provided in
Chapter 2 of the City Code by tile conllllission ful failUl e to pel fOllil tlleir duties 01 for otller
miscohduct in office or automatically fOI failUl e to attend till ee (J) llleetings w itllili allY twel ve-l11ontll
pel iod of time. POI PUI poses ofl enloval, all absenc-e fi 0111 a spec-ially called llle~tilig of the boal d shall
COUlit tl.e sallie as ali abselice fiOIll a legularly schedule lt1eeting,
Sec. 20-79. Reserved Appointment of chail man, \1 ice-ch.lill11an.
Tllel e shall be a chaillllan and vice-chainllali of the boal d of adjustl11elit selected fi 0111 alid by tile
l11elllbel s, They shall sel ve a tel nl of Olie (1) yeal or until tlleil ap poilitlllelit to the boal d is tel nlinated,
wllicl.evel is slloltel, u111ess soonel lellloved 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 of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of September , 2002,
Ii , __
l----:---.-'--
- RENZO-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:IDocslCity of Winter SpringslOrdinances\Board Committee Ordinance,wpd
City of Winter Springs
Ordinance No, 2002-28
Page 8 of 8