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HomeMy WebLinkAbout2003 03 10 Regular H Appointment to the Beautification of Winter Springs Board COMMISSION AGENDA ITEM H Consent Informational Public Hearing Regular X March 10.2003 Regular Meeting ~.~/ Mgr, / ept. Authorization REQUEST: The City Clerk requests that Commissioner Robert S. Miller make an Appointment to the Beautification of Winter Springs Board to replace Mr. William H. Poe who resigned on January 27, 2003 as a result of being appointed to the Planning and Zoning Board/Local Planning Agency. PURPOSE: Commissioner Robert S. Miller is requested to make an Appointment to fill a vacancy on the Beautification of Winter Springs Board. CONSIDERATIONS: . William H, Poe was appointed to the Beautification of Winter Springs Board by Commissioner Robert S. Miller on July 9, 2001. . Commissioner Sally McGi~s appointed William H. Poe to the Planning and Zoning Board/Local Planning Agency on Monday, January 21,2003. . William H. Poe submitted a letter of resignation (dated January 27, 2003) from the Beautification of Winter Springs Board. CITY OF WINTER SPRINGS REGULAR AGENDA ITEM "H" CITY COMMISSION REGULAR MEETING - MARCH] 0,2003 PAGE 2 OF 2 · 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 Miller. ATTACHMENTS: A. A copy of William H, Poe's letter of resignation from the Beautification of Winter Springs Board, B. An excerpt from the City's Code of Ordinances related to the Beautification of Winter Springs Board; Ordinance 2001-49; and Ordinance 2002-28. COMMISSION ACTION: ATTACHMENT "A" , , 27 January 27, 3003 ftI$C,!JB\fED JAN 2 7 2003 CITY OF\.'VJ c,~L~'tEPRJNGS Mayor John Bush City Commission 1126 E State Road 434 Winter Springs, F132708 Dear Mayor Bush and City Commissioners: Recently, I was 'asked to serve on the Planning & Zoning Board for the city of Winter Springs, Florida, In that I currently serve on the BOWS Board, I cannot serve on two boards simultaneously, After much thought, I have decided to accept the appointment on the Planning & Zoning Board accordingly; I hereby resign my position on the BOWS Board. My resignation is effective 01/27/2003. , r ATTACHMENT "B " ~ 2-69.6 WINTER SPRINGS CODE (2) The n_ame and address of the person to whom the citation is issued. (3). The date and time; the.,civil infraction was committed. (4) The (actsconst;ituting reasonable cause. (5) The ,number or section of the code or ordinaJiceviolated, (6) The name anq authqrity c;>f the code en- force:ment officer. .. , (7) Tl).eptocedure for the person to follow in order to pay the civil penalty or to contest , 'tl,le citatlon. ' (8) The ,applicable civil penalty if the person . elects 'Jlot to cOJltest the citation. (9) The applicable civil penalty if the perSon 'electiS to contest the citation. ' UO) A cOnspicuous statement that if the per- son falls' to PEiY the. civil penalty within the time ,allowed,or ,fails to appear in court to contest the citation, he shall be , deemeq to have w;rived his right to con- test the citation and that, in such case, '. juqgllent .' may J:>e enti:lred against, the , persell). for a.n a~ount J;lp to the maximum cjyjJ PeA~ty, .. , (Ord. No. 547, ,~ I(~ ;2-66i), 11.22-93) Se~a~.69.'7,Pi~po~i:tiori'ofdtations and civil pel1.a1tb~s. (a) . Aft~r iss1.ring a citatilm to an alleged viola- tor; :the ,code enfofce,meJ}t officer shall: , . , ' . (l) Deppsit the, orimnal~itation and one;: (1) ~opyo04eCitation,with the clerk of the' circuit court;, " '. '. (2) Provide the alleged viqlator with one (1) , copy; (3) Depos.itone(Hcopy with city clerk; and (4) Retain one (1) copy in the' code enforce- ment officer's department file; , (b) All civil penalties received by the county . , court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Ord. No. 547, ~ I(~,2-66j), 11-22-~3) , Sec, 2-69,8. Provisions supplemental, It is the legislative jntent of this subdivision to provide an additional and supplemental means of obtair!.ing compliance with, city codes and 6rdi- 'nances. Nothing cl;mtained in this subdivision, shall prohibit the city from enforcing its codes or ordinances by any ()ther means. (Ord. No. 547, ~ I(~ 2-66k), 11-22-93) DIVISION 3.. RESERVED* Secs, 2.70-2.73, Re~rveda Secs, 2-74, ,2.75. Reserved. PIVISJON 4. BEAUTIFICATION BOARDt Sec. 2-760 Cr~~ted. There is hereby created "The Be,autification of Winter Sprfugs Board" (hereinafter referred to as "BOWS"), (Ord. No. 459, .~ 1, 5-2~-a9j Sec, 2.77. Compo~tion; appointment ofmem. 1;.ers. BOWS shall consist-of seven (7) members, five , (5) members to b~ appointed by the city commis- sion and two (2) members to be appointed by the mayor. (Ord. No. 459, ~ 2, 5-22~89) , .:J<;4itor's not!:l-Ord. No~ 709, ~ I, adopted Dec, 14, 1998, repealed Formllr Div. 3, ~~ 2-70-2.73, in its entirety which 'pertainep. to the' conimercea.nd industry development board and derived from Ord. No. 424, ~~ 1-4"adopted July 11, 198&. tEQitor's ~ote-,..Ord; 459, ~.1, adopted May 22, 1989, did not specify n:ianner of .codification;' hence, iI)clusion herein as Div. 4, ~~ ,2-76---2-80, has been at the discretion of th~l!ditor. Cross references-Huilding regulations generally, Ch. 6; fences" walls 'and hedges, ~ 6.186 et seq,; land development, Ch. 9; signs. and advertising, Ch, 16; streets, sidewalks and , other public places; Ch. 17;, zoning, Ch. 20. ' 144, e x. ADMINISTRATION See, 2.78. Tenns; organization; meetings, The members of BOWS shall be appointed for a term of three (3) years; three (3) of the initial BOWS members' shall be appointed for a tenn of three (3) years, two (2) of the initial BOWS members shall be appointed for terms of two (2) years, and two (2) of the initial BOWS members shall be appointed for the term of one (1)' year, thereafter the tenns "shall .. be three (3) years. Immediately, upon appointment, the, members of the, Beautification of Winter Springs Board shall meet and QTganize and shall elect from among the meinbership a chairman, a vice-chairman, and a secretary, whose terms of office shall be for the period of one (1) year or untiltheir successors are elected by the members of the board. The Beau- . tification of Winter Springs Board shall conduct such meetings as may be necessary to properly . perform its duties and functions and shall esfab- , !ish rules or bylaws to govern the 'maimer in which its meetings and affairs are conducted. (Ord. No. 459, 9 3; 5-22-89) Sec,' 2.79. Duties; 'expenditures, (8) The Beautification of Winter Springs.Board ' is empowered and directed to consider and study the entire field of beautification in the city, and , shall advise, counsel and consult with the city commission and the city manager in connection with the beautification and preservation of natu.- ral beauty of the city. The BOWS board shall consider all matters submitted to it by the city, commissionor'the city manager, and shall offer suggestions and recommendations on its own initiative iri regard to the beautification and clean- liness of city properties. It shall receive petitions' and suggestions from the citizens of the city, and, . shall cooperate with civic groups, garden clubs, governmental agencies and' other organizations regarding beautification, conservation of natural . beauty, and related subjects. ' ',(b) The members of BOWS shall' be compen- sated in accordance with the manner and proce- c:hire set down by the city commission, (Ord. No:A59;' 94,5-22-89) ,Sec.2..s0. Master beautificathm plan; recom- mendations to city commission, (a) ~t is the purPose of the B'eautification' of Winter Springs Board to prepare a master plan for the overall beautification of the city with. ~ 2.83 regard ,t6 ,those areas owned by the city, and . reconimendations to ,private owners, This board' shall work with other civic groups and govern.' mental agencies within the environmental limits ofihe city such as the following: (1) Appr.oaches to the city; (2) ,Surrounding county areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS shall recommend to the'city cbnuni~ sion such overall projects as seem warranted, but shall refrain from making iridividmu specific rec- . ommendatioIis. BOWS shan not concern itself . with the day-to-day 'affairs~f normtil city fune-, tions" but shall, upon request of the city commil:l- sion, inake specific recommendations. ' , ' (Qrd.No.,459, 9 5, 5-22-89) , AltTICLE IV, ELECTIONS* , ' Sec;', 2~81:)jaecUon Supervisor, . ' : The City eIei-k is hereby designatedth.e super- . visor of elections for the city. ' (Code 1974, ~2-27) , ' ' Seca 2-82,Proclamationa . The mayor shall issue a proclamation calling the municipa~ elections provided for in this article and 'at least $i:xty (60) days prior thereto. The proclamation shan be published in a newspaper of general circulation in this city OIice each week for four (4) consecutive weeks prior to the municipal election. , (COde 1974, 9 '2-29) Seca 2.83, Municipal elections to be gen~raJ. elections, Municipal' elections held, as provided' in this article shall be general municipal elections and no , other municipal primary or general election shall be necessary. The successful candidates deter- mined ~s provided in this article shall be the duly *Charter references-City commission election and terms ~ 4.03; nominations and elections, ~ 8,01 et seq.' ' Cross reference-City commission, ~ 2.26 et seq. 145 ORDINANCE NO, 2001-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, PROVIDING FOR THE ADOPTION OF A NEW SECTION 2- 42 ENTITLED APPOINTMENTS OF BOARDS AND COMMITTEES; PROVIDING FORA PURPOSE; PROVIDING FORDEFINITION$; 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; arid WHEREAS, the City Commission desires, through the establishment of the position of , "alternate member" to the various boards and commissions, 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; 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 conduc~ing .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 T" 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 shikcout 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}, Generally * * * Sec, 2-42. Appointments of boards and committees. {ill Purpose, The pur:pose of this section isto 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 section shall not be deemed 'to 'repeal or modify any city ordinance or provision of the city code relating to the establishment or operation of any board or corrimittees. 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 liying within the city limits at all times while serving on said board or committeea and at least six (6) months prior to being nominated. elected or appointed to the board or committee, ff1 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 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 in the Code, all persons shall be appointed to, and removed from city boards and committees by majority vote of the city commission. Board and committee members shall serve at the pleasure of the city commission and may be summarily ,removed at any time with or without cause, A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee including, but not limited. to a contract. liberty. property or vested right. W Term, All board and committee members shall be appointed to serve three-year terms and may be reappointed by the, city cominission 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..sel:'le_the,remainingnortion of the unexpired term. ill Absences. Any board or committee member incurring three (3) consecutive absences. or five (5) absences within a twelve-month period. from any regularly scheduled meeting. shall be deemed' automatically removed .from the respective board or committee .in which the ,absences have occurred. (g} Chairmanships. Each board and committee shall be responsible to elect. bv maiority vote of the members oreach 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, (h) 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 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 p~ovision, 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 Ci'ty Commission of the City of Winter Springs, Florida. c;ity 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 ~ day of October , ~1. .., I~/~' 1# ./( -c, __ . / .(- PA L P,'PA~T~;~;~', / -~-,--- M . / ayor '..' 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:\OOCS\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 FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATEa WHEREAS, the City Commission is granted the authority, under 9 2(b), Art. VITI 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 20 Chapter 2 Code Amendment. The City of Winter Springs Chapter 2 is hereby amended as follows: (underlined type indicates additions and stIikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter City of Winter Springs Ordinance No. 2002-28 Page 1 of 8 " 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 - Administration * * * Sec, 2-42, Appointments of boards and committees, (a) Purpose. The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code. it is the intent of the city commission that the provisions of this section shall prevail The provisions ofthis'section ~~~~ ~ ?~' ~~~e~:o 1 epeal 01 modii} any city ordinance 01 pro v ision of the city code, j elatihg to the establishment or opelcltiOll of anJ bomd or committees, but the provisions herein shall be supplemelltcrl and i11 addition to such plo\lisions within the city code. * * * ' (e) Term. Unless otherwise provided by state or federal law. ~l 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. (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) fi v e (5) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and counting backward), frOlu any legulally 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 th~ 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. W The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The mcmbels of the boat d shaH be I esiden:ts of the lllunicipalit} and appointments Appointments to the board shall bein accoldance with the applicable law and oldinances'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. tb1 The appointments to the code entol cement bOal d shall be for a teull of tlu ee (J) i'ems and a membel may he reappointed upon approval of the city con1111155ion. Appointments to fill allY vaca.ncy 011 the enrolcement bomd shall be foI the remaindeI of the unexpired telm of office.1fany ~~ll~e: ~~~ ~o ~ttelld two (2) of three (J) successi\le meetings ~ithout cause and without priol ~~~~~ of the Chalnllan, the board shaH dedale the membel's office \lacant and the CIty COnl1l1lSSl0n shall prolllptly fill such vacancy. Membels shall serve in accoldcll1ce with the Code al1d may be suspended and remo\led fur caus'e as provided in such ordinances fOllemoval of members ofboalds. * * * See. 2-780 Tel JUS, oOrganization; meetings, The membeJs ofDO'vVS shaH be appointed fOI a te.rtll ofthree (3) yeaH, thtee (3) of the in.itial DO'vVS 'membeIS shall be appointed f01 a term ofthree (J) years, two (2) of the initial DO'liS members shall ~: a~oj~~t~~ ~r tenris of two (2) YGalS, mId t~o (2) of the illitialDO'vYS mernbers shallbe appointed ~~ ~~~ ~~~ ~~ ~ne (1) year, thereafteI the tenus shall be three (J) }eaIS. Immediately upon ~ip,?m,t,~. the _mhe.. of Ihe D"",:ti&t.tion ofWinle.' S p..iJ.go Do", d ,11m! iueet Md Of gill.... 41'ld ~l~~~~ct fiom among the membe1s111p a chal1 man, a \lIce-chaIrman, and a secletar}, whose te11us of office shall be for the peLiod of one (I) yeal or until theil succeSSOIS are elected by the membels of the boat 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 stIikeout 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 * * * SeCa 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 term of tlu ee (J) years by resolution of the city commission, Each commi~sioner shall have one (1) appointment to the board. The succeSSOI S of the 01 iginalappointees ,shall be appointed fur teIIllS oftlueG (J) years by lesolution of the city COIlUllission. 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 vac'aney, If any commissionerfmls 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 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 apprepriate and necessary. (c) Any meIilber of.tlle boald oftIUstees may be remOved at any tinle during his tellll upon a majority vote of the dty conmussion. Any Ihelabel of the boa:rd oftwstees who is absent from mOle than two (2) consecutive meetings shall automatically fOrfeit his position on tIle hoald. Wtd} The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. Section 4, Chapter 18 Code Amendment. The City of Winter Springs Code' Chapter 18 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 18, It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No, 2002-28 Page 4 of 8 " Chapter 18 - Taxation * * * Sec. 18-550 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 of the entire city commission; (2) Two (2) members ofthe advisory committee first appointed, by the commissioners from seats 2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; the successors of the original appointees shall be appointed for terms of three (3) years. in accordance with Chapter 2 of the City Code: by thereaftel me1tlbers shall serve not InOle than two (2) consecuti'\1e J-)'ear ternlS,. persons seI ving partial teIll1S shall be entitled to seI ve the partial teIm and two full consecutive J-)'eaI teIms, 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 bv 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 nla)' elect fi om its members a chaiI man and such officeI s as it It1c1)' deem appropriate, however, 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) all matters requiI ing a v ote of the membel ship of th~ ad v isOl y cOI1lnlittee, all menlbeI s shall vote unless an actual conflict of interest is stated on the I eCOI d, City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 (7) Each advisory committee shall meet not less than once quarterly failUl e to attend till ee (3) Illeetihgs ill 11.11)1 Ol1e (1) twelve-Illolltil period 01 three (3) col1secutive advisoly cOl11h1iUee nleetihgs shall be glOunds for removal. 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 '" '" '" Seca 20-53, Term; filling vacancies; removal of members, The term of office of the members of the plannihg and zoning board sllall run from the second Priday in July tile and each Each member appointed shall serve as provided in Chapter 2 of the city code for a term of two (2) years, or until his succeSSOf is appointed and qualified. Except however, the first board appOiltted shall serve terms as follows. Seats two (2) alId four (4) shall sef ve tile full two-year tern I endins July 10, 1982. Seats Ol1e (1),. thlee (3), and five (5) shall sene a oll\~-year term ending 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. 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 anhe city code by the cOlOOli55io(1 fOl failure to perform theil duties Of other nlisconduct in office or autorllatiGally for failure to attend three (3) meetings within any twelve-month period oftime, [oor pm poses of feme v ai, an absence fr om a specially Galled rlleeting of the board sllall count the same as ,an absehce fronl a 1 egularly scheduled meeting, See, 20-54, Reserved Appointment of chair man, ~ ice-c.hair man. There shall be a chairman and vice-chairman onhe plallllihg and zOlling board selected ftOll1 and by the llle111bers. They' shall sel ve a term of one (1) year or until their appointment to tile board is terminated, whichever is shorter, unless sooner remOved by the boald. * '" '" See, 20-78, Term; filling vacancies; removal of members, City of Winter Springs Ordinance No. 2002-28 Page 6 of 8 Tile tel m of office of the mehrbe!s of the boa! d of adjustmeht shall! un f! 0111 the second Priday in July ahd eacll Each member appointed shall serve for a term as provided in Chapter 2 of the code of ordinances of two (2) yeau;, or uhtil his SUCCeS50! is appointed alld' qualified. Except Iloweve!, tile filSt boa!d appoillted sllallse!ve tellus as follows. Seats two (2) and foUl (4), shallse!ve the full two-yea! ten...l ending July 10, 1982. Seats Ohe (1), three ()), alld five (5) sllallsene a one-year teIln 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 comniission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code by tile GOll1missioh fa! failure to pedo!m tlleil duties 01 for other miscohduct ill office or automatically for failure to attend three. C)) l~leetings within alry t wel v e-mollth period of time. Por purposes ofremoval, an absence fronl a speCially called 111eeting oftll\~ boald sllall count the same as an absence flom a legulMly schedule meeting. Sec. 20-790 Reserved Appointment of (hail man, "ice-chail man, There shall be a chairItlan and v ice-chaii mah of the bOM d of adjustment selected fi om and by the membel s. They shallse! ve a tel hI of one C 1) year or until tlleir appointment to the bOM d is teuninated, whichevel is sho!tel, unless sooner rell10ved by tile 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 (illY other reason, such portion shall b~ 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. ,~ ' A1\T~St: l\l ANDREA City CI ,. ~ s to legal form and sufficiency for inter Springs only Anthony A" Garganese, City Attorney Fi~st Reading: Septemper 9, 2002 Second Readirig: 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 JOHN F, BUSH OFFICE OF THE MAYOR CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 City Telephone: 407-327.5956 Facsimile: 407-327-4753 Personal Mobile: 407.256-6987 Email: jfbush@winterspringsfl.org City Website: www,winterspringsfl.org March 12, 2003 Mr, Dick Crenshaw 751 Summerland Drive Winter Springs, Florida 32708 Dear Mr. Crenshaw, Congratulations! I am very pleased to offer you my Congratulations on your recent Appointment to the Beautification of Winter Springs Board. Your name was su~mitted by Commissioner Robert S. Miller at the March 10,2003 Regular Meeting, and was approved by the City Commission. Your willingness to serve our City is very much appreciated by the City Commission and myself. You will be contacted by the Office of the City Clerk regarding your duties and responsibilities as they pertain to this Board. Congratulations and please contact me if I can be of any further assistance. Sincerely, JFB/alll COPY: City Commission Ronald W. McLemore, City Manager Anthony A. Garganese, City Attorney DOCS/commissionlmembers/mayor/johnfbush/correspondence/advisoryboardsandcommittees/2003/0 17 I.doc