HomeMy WebLinkAbout2003 01 21 Regular J Appointment/Reappointment to the Board of Trustees
COMMISSION AGENDA
ITEM J
Consent
Informational
Public Hearing
Regular
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January y3. 2003
Regular Meeting
Mgr. /
Authorization
REQUEST:
The City Clerk requests that Commissioner Michael S. Blake and Commissioner
David W. McLeod each make an Appointment/Reappointment 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 Appointment/Reappointment 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.
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 "J"
CITY COMMISSION
REGULAR MEETING - JANUARY 13,2003
PAGE30F3
COMMISSION ACTION:
ATTACHMENT
"A"
MEMORANDUM
TO:
Mayor And City Commissio\ /
Andrea Lorenzo-Luaces, C~I~~ty Clerk
FROM:
SUBJECT:
Upcoming Board Of Trustees (Pension Board)
Appointments/Reappointments
DATE:
October 21,2002
Please fmd 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 2003 '"
· 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 the 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, in may be of further service, please feel to let me know.
COPY: Ronald W. McLemore, City Manager
Anthony A. Garganese, City Attorney
Attachments
DOCS/ci tyclerk/correspondence/commission/2002/0285 ,doc
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(ORIO'"
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 Cherry 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 Board 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; '2002:-' At the appropriate tirne;-l wilMhen 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
COPY: Mayor And City Commission
Attachments
DOCSlboardslboardo ftrustees/alll/correspondencc/2 002/00 26. 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 agreement.
(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
"the 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))
Sec. 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,g 1, 3-14-88;
Ord. No. 554, g 1, 1-24-94)
934
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ORDINANCE NO. 2001-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
PROVIDING FOR THE ADOPTION OF A NEW SECTION 2-
42 ENTITLED APPOINTMENTS OF BOARDS AND
COMMITTEES; PROVIDING FOR A PURPOSE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR THE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
" PROVIDING FOR THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under ~2(b), Art, VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the ,City Commission 'desires;'through-the'establishment'ofthe'position 1)[--'--'-----' __, _,
"alternate member~~. to. the...various. boards..aI1d..oommissiGBs,.te--enhanee.the-publie's- 'l'espeet.and--- : ._..., ,_,._, ,._
confidence in the municipai 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
OJ
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 stdkcout type indicates deletions,
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2, It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 2. Administration
* * *
Article III. Boards, Committees, Commissions
Division 1, Generally
* * *
Sec. 2-42. Appointments of boards and committees.
{ill, Purpose, The purpose of this section is to enhance the public's respect and confidence in the
municipal services delegated to. and performed by. city boards and committees and to ensure
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 ap1;>ointing and removing
members thereof. and for conducting board and committee business.
The provisions ofthis'section'shall rrot'be'deemed,toTepeai'ormodify any city ordin'ahce or'
provision of the. city.,oode, relating.,to '.the-establishment 'or""operation...of-any.bmml-crr'--u-.---- ._____.
,'committees. but the provisions herein shall be supplemental and in addition' to such
provisions within the city code.
Q;U Definitions, As used inthis section. the terms or phrases listed in this subsection shall have
the foHowing meaning:
"Resident" shaH mean any person living within thecitv 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.
fu) 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
, '
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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 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.
lltl
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, Anyb<:}ard al' cammittee member incurring three (3)-conseeuti-ve absences; -orfive.- ___'_".._ '0'''_
(5) absences within a twelve-month period. from any regularlv 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 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 documentation provided
to regular members and shall be permitted to provide input during discussions, Alternate
members shall not be permitted to vote on matters before the board unless they have assumed
the duties of an absent regular member.
The member of the board who has served longer as an alternate member shall be the first
alternate board member, If the first alternate member leaves the board or is appointed a
,regular board member. the successor to the first alternate board member shall be that
alternate board member with the longer service as an alternate member, The next appointed
alternate member shall be designated as the second alternate board member.
In the absence of a regular member from an official board meeting. the first alternate board
member shall assume all duties of the absent regular board member. including the right to
vote on any matter before the board at that meeting, If two (2) or more regular board
members are absent from an official board meeting. the second alternate member shall.
assume all duties of an absent regular member. including the right to vote on any matter
,before the board at that meeting.
In the absence of the first alternate board member from an official board meeting. the second
alternate board member shall act in the place of the absent first alternate. including the right
to vote on matters before the board at that meeting if a regular member is absent at that
meeting.
Section 3, Repeal of Prior, Inconsistent Ordinances..and' Resolutions;-- All--prior----- "
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, 'are hereby repealed to the extent of the conflict.
Section 4, Incorporation Into Code. This ordinance shall be incorporated into the
, Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section S. 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
. '
/'.' t I,
ADOPTED by the City Commission of the City of Winter Springs, ,Fiorida, in a regular
meeting assembled on the 8th day of October ' . L :
I,
Approv s to legal form and sufficiency for
of inter Springs only
nthony A. Garganes~, City Attorney
First Reading: Sep tember 24, 2001
Second 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 OPERATION OF AND APPOINTMENT AND
REMOV ALOF 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 FORINCORPORATION'INTO
THE CODE; PROVIDING FOR SEVERABaITY; 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 ~nd 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
Pagel 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 thatthe provisions of this section shall prevail The Plovisions oftl1is section
~~~ll?~ ~~ ~emed to Icpeal 01 modif} any city oldinance 01 plo'\lision of the city codG rela1ing to
the establishment or operation of any board or committees, but the pi 0 v isions herein shall be
supplemental and in. addition to such provisions ~ithin the city code,
* * *
(e) Term . Unless othe:rwisepro~ded,by-state or, federal law ; 'aAllboard and'cemmittee-memberS''' _'____.. ___.__~_ ___..
shall be appointed to serve three-year terms and may be reappointed 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.
(t) , 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 countin~ backward), from any regularly
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, telOlS.
W The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The membeI's of the boal d shall be residents of the munic.ipality and appointnlents
Appointments to the board shall be in aCGoldancc ~ith the applicable 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.
tbJ The appointments to the code enforcement board shall be for a telm oftll1ee (3) yeats and
a membel may be I~appointed upon apprOval of the c.it} c0111mission. Appointments to fill any
vacancy qn the enforcement board shall be for the lemaindel of the unexpired term of office. ffany
member fails to attend two (2) ofth1C.e(3} successive meetings without cause and w~lI!vut fh~u! ------'__ __u_ '. ..
apploval ofthe,chaillllatl, the boald shall dec.lare the membel's office vacant and the city cornmission
shall, promptly ,fill, such, vacanc.y; ,Member,s..sl\aU'serve ill Accordance tlvith the Code and Hla] be
',suspended and lemo\1ed for cause as provided in such oldinances fol lemoval ofmembers of boards.
* * *
Sec. 2-78. Tel n15, oOrganization; meetings.
, The members ofDO\VS shall be appointed for a tel m of three (3) yeals, tIu ee (J) of the initial DOV/S
members shall. be appointed for a teull oftmee (3) yea.!s, two (2) of the initial DOV/S mentbers shall
be appointed for terms oft~o (2) yeats, and, two (2) oftheinitial DO\VS members shaH be appointed
for the term of one (1) year, thereafter the teuus shall be three (J) }'ears. Inl1uediately upon
appointment, the members of the Deautification ofVv'inter Springs Doard shall meet and organize and
shall eleGt from among the membelship a chairman, a vice-chairman, and a secletary, whose tenus
of office shall be for the period of one (I) yeal or until their succcssors ale elected by the membels
of the boa.! 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 oftrustees consisting offive (5) members who
shall be appointed for a teull of three (J) yeaIS by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board, The successors of the original appointees'
shall be appointed for telnts ofthtee (3) yeaH by resolution of the city conmtission. 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"oraterm'expires:'that-seat-wiUbe'filled'by,the'mayor; 'subiect-tothe 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 membel of the boatd oftrustcGS may be remOved at any time during his term upon a
majority vote of the city commission. Any member of the boatd oftlustees who is absent from mOle
'than two (2) consecotive meetings shall automatically forfeit his position on the board.
UD.td1 The board of trustees shall administer the city's pension plans pursuant to the provisions
contained therein as adopted by the city commission.
u 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 ofthis Ordinance).
City of Winter Springs
Ordinance No, 2002-28
Page 4 of 8
J
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
comrriission~ 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 thereafter members shallsel ve, not mOle than two
(2) consecutive J-yeaI telms, persons sel \,jn~ partial teuus shall be entitled to sel ve the partial term
and two full consecutive J-year terms, 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 tha,t 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 chailInan and such officers as it i11ay
deem appropriate, howevel, each advisory committee shall designate from its members one person
who shall serve as the official liaison between the advisory committee and the city; such liaison shall
direct all formal communications to the city manager regarding the business of the advisory
committee;
(5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and
in all, ways conducted in conformance with all government in-the-sunshine and open public-records
laws;
(G) On matters requiring a vote of the membership OftllC advisory committee, all membels shall
vote unless an actual conflict of intel est is stated on the 1 ecord,
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 attend tll1ee (3) ,
meetings in anyone (1) twelve-month period or three (3) consecutive advisory comnlittee Il1eetings
shall be grounds rol lemo~al. '
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 tellu of office of the members of the planning and zoning board shalllun flom the second Friday
in July the and each Each member appointed shall serve as provided in Chapter 2 of the city code for
~' a teln} oft~o (2) years, or until his successolis appointed and qualified. Except however, the first
board appointedsha:H sel've terms as follows. Seats two (2) and fOUl (4) shall ser\<e the full two-year
term ending July 10, 1982. Seats oneCI), three (3), and five (5) shallser\<e a one-yeal tellll ending
July 10, 198'1 : Vacancies on the board may'benIled 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 commi~sion 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 the commission fOl failure to perform theil duties 01 other misconduct in ofike or
automatically for faiImc to attendtmee (3) meetings within any twelve-month peIiod oftime. For
pUlposes ofremova:l, an absence from a 5p~cia:lly called meeting of the board shall COUllt the same. as '
an absence flom a regularly 5c~leduled meeting.
Sec. 20-54. Reserved Appointment of chAir mall, lice-chait man,
There shall be a chairman and vice-chairman of the planning and zoning board selected fiom and by
the melilbers. They 511a11 sel ve a term of one (1) yeal or until their appointment to the bOa.1d is
tellllinated, whichevel is shortel, unless sooner removed by the boald.
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
The telm of office of the membelsofthe boald of adjustment shall fUll fIOlll the seGOnd Flida}! in July
and each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances oftwo (2) yeals, or until his successol is appointed and qualified, Except howe~el, the
first bOald appoillted shall sene ternlS as follows. Seats two (2) and four (4), shall sene the full
two-yeal tellh ending Jury 10, 1982. Seats one (1), three (3), and five (5) shall sene a one-year tellll
ending 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 the commission for failure to perforhl their duties 01 for othel
misconduct in office or automatically [01 failure to attend tluee (3) meetings within any twelve-month
period of time. FOI purposes ofremoval, an absencefionl a specially called meeting of the boald shall
count the same as an absence fI om a 1 egulal ly schedule nll.~eting.
Sec. 20-79. Reserved Appointment of c.hait man, l ice-c.hait nlan.
There shall be a chail mall and ~ ice-chairman of the boal d of adjustl11ent selected fI om and by the
membels. They shall sene a tel m of Ol1e (1) year 01 until theil appointment to the boal d is telminated,
whiche~er is shorter, unless soone! lenloved 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 , 2001.
A ~T~ST:
, t\L
ANDREA
City CI
~
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 ofWint.er Springs\Ordinances\Board Committee Ordinance.wpd
City of Winter Springs
Ordinance No, 2002-28
Page 8 of 8
ATTACHMENT
"B "
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 Queen
· Appointed to the Board of Trustees (Pension Plan) on January 24,2000
. Appointed by Commissioner Michael S. Blake
. Term expires January 2003