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Home My WebLink About2010 09 27 Regular 605 Parks and Recreation Advisory Committee Appointments - Ratification of 2010-07 COMMISSION AGENDA Informational Consent ITEM 605 Public Hearings Regular X September 27. 2010 j p Mgr. / De R Regular Meeting Authorization REQUEST: The City Manager and the City Clerk request that the City Commission make the remaining Appointments to the City's new "Parks and Recreation Advisory Committee ", which was approved at the August 23, 2010 Regular City Commission Meeting with the ratification of Ordinance 2010 -07. SYNOPSIS: Over the last year, the City Commission agreed to establish a "Parks and Recreation Advisory Committee ", as referenced in the City's Comprehensive Plan. The City Attorney then drafted Ordinance 2010 -07 establishing a "Parks and Recreation Advisory Committee" and the Ordinance was subsequently approved by the City Commission. Interested citizens have been and are able to submit a City Advisory Board and Committee Application for consideration by the City Commission. A similar Agenda Item went to the City Commission for Appointments at the September 13, 2010 City Commission Regular Meeting, and some Appointments were made. CONSIDERATIONS: A First Reading of Ordinance 2010 -07 which establishes a "Parks and Recreation Advisory Committee" was held on April 12, 2010. The Second Reading and Adoption of Ordinance 2010 -07 establishing a "Parks and Recreation Advisory Committee" was approved by the City Commission on August 23, 2010. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 2010 REGULAR AGENDA ITEM "605" PAGE 2 OF 4 Staff has sent out the City's Advisory Board and Committee Applications to interested individuals; and any applicable Applications will be provided (electronically in a separate email from the City Clerk) to the City Commission. The following are excerpts from Ordinance 2010 -07 related to the composition of the Parks and Recreation Advisory Committee: "Sec. 2 -45. Creation; composition; appointment of members. (a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's comprehensive plan, the City hereby creates a Parks and Recreation Advisory Committee. (b) The Committee shall have nine (9) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The membership of the Committee shall, whenever possible, include the following: (i) an active member of the Winter Springs Senior Association; (ii) an active member of a youth sports organization or program; (iii) an individual who is active in planning or assisting with special events of the City; (iv) an individual who is active in an adult sports organization or program; (v) an individual who uses or accompanies children in the use of City playgrounds; (vi) an active member of a conservation group or agency, or an individual with experience in the use of parks for public purposes; (vii) an individual who participates in or supervises children who participate in the City's summer program(s), civic center program(s), camp(s) or other similar program(s). (viii) an individual who is active in fundraising efforts; (ix) an individual with general interest in Parks and Recreation. (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of city parks and recreational facilities, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 2010 REGULAR AGENDA ITEM "605" PAGE 3 OF 4 (e) The Committee shall establish rules and 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, the city code or direction of the city commission. (f) The Parks and Recreation Advisory Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 -46. Purpose and duties. (a) The purpose of the Parks and Recreation Advisory Committee is to promote park and recreation programs of the city and to recommend to the Parks and Recreation Director, as well as other city staff and the city commission as needed, policies and actions to promote, plan, design, construct and utilize city parks and related special events, fundraising and recreation programs. The Committee shall perform the following duties: (1) Advise and assist the Parks and Recreation Director, as well as other city staff and the city commission as needed, in matters involving or affecting city parks and recreation; (2) Keep the Parks and Recreation Director, as well as other city staff and the city commission as needed, informed of the status and progress of recreational and parks services, plans, special events, fundraisers and activities; (3) Advise and make recommendations to the Parks and Recreation Director, as well as other city staff and the city commission as needed, regarding the promotion of citizen participation in recreation and park programs and distribution of information about leisure activities offered by the city; and (4) Assist the Parks and Recreation Director, as well as other city staff and the city commission as needed, in the implementation of the goals, objectives and policies of the Recreation and Open Space Element of the city =s comprehensive plan." The following Appointments were made at the September 13, 2010 City Commission Regular Meeting: Deputy Mayor Rick Brown Appointed: Mr. Art Gallo Commissioner Jean Hovey Appointed: Mr. Arnie Nussbaum 7 Appointments remain. Any remaining Appointments not made at this Meeting shall be made at the next City Commission Regular Meeting. CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING - SEPTEMBER 27, 2010 REGULAR AGENDA ITEM "605" PAGE 4 OF 4 FISCAL IMPACT: There is no specific fiscal impact to these Appointments. However, once the "Parks and Recreation Advisory Committee" begins meeting, Office of the City Clerk's Staff will be providing administrative assistance to the "Parks and Recreation Advisory Committee ". Such costs are estimated to be approximately $3,076.00 per year; and have been budgeted for Fiscal Year 2010 -2011; with funds coming from Office of the City Clerk Overtime Salaries (Line Code 1210 - 51214). Parks and Recreation Department Liaison Staff costs have been absorbed otherwise. COMMUNICATION EFFORTS: This Agenda Item has been distributed to the Mayor and City Commission; City Manager; City Attorney; Department Directors; placed in Press Packets; placed in the Lobby binder; and will be available on the City's Website, LaserFiche, and the City's Server. RECOMMENDATION: The City Commission is requested to make seven (7) more Appointments to the "Parks and Recreation Advisory Committee ". ATTACHMENT: A. City of Winter Springs' Ordinance Number 2010 -14 (as referenced in Section 2.45./ page 2 of this Agenda Item) ATTACHMENT «A„ ORDINANCE NO. 2010 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE UNIFORM REQUIREMENTS FOR CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, amending the uniform requirements for City boards and committees will streamline and provide efficiency for the City; and WHEREAS, amending the uniform requirements for City boards and committees will be economically efficient for the City; and WHEREAS, the City Commission desires to appoint City board and committee members to staggered terms; and WHEREAS, the City Commission desires to appoint board and committee members to corresponding seats; 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 incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapters 2 and 14 are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicates unchanged text that has been omitted from this Ordinance. (It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** . - . ' , , . P 1 1 ' , 1 1 . , 1 • 1. 1 1 - - • • • • • • • • • • • • • • • • • • • •• .. • • : • 0 ., - •• • - . • •. .• • , . •• • • • ••• • • • • • • City of Winter Springs Ordinance No. 2010 -14 Page 1 of 6 • • • . . I • • • 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. (b) 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. (c) 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: (1) Complete a board or committee application as prescribed by the city commission; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) 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. (d) Appointment turd ► emu v 4 of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: LU Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty (30) day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. City of Winter Springs Ordinance No. 2010 -14 Page 2 of 6 f For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. l) All appointments . . . . . .... • . . . . • . . to a city boards and- or committees are not effective until the appointment is ratified by majority vote of the city commission. A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in servine on a board or committee including, but not limited to a contract, liberty, property or vested right. (e) Removal of members. 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 • - •••• • • • • . . • • _. • 1.. • • . ,• _ • . • •••11 • • . • .. • •, • • . • , . • . .. • or -rnested right. 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, such vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (e) f�Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve fourtime -year terms and may be reappointed for subsequent fourthree -year terms . All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. • ., . . . ' •••• 1 . .1 •A• .• _ • • , • •• 7.• :• . , . . • • • • • , • 1 . . . 1 . • ...' • • 1 1 • • • . V", • • 11I• • • •. 1. , •. I • • • • .. . . • . • () Absences. Unless otherwise provided by state or federal law, or for boards and committees that regularly meet on a quarterly or Tess more frequent basis, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve -month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month period. Any meeting which is cancelled, other than for 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. (g) (h) Chairmanships. Unless otherwise provided by state or federal law, each 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 City of Winter Springs Ordinance No. 2010 -14 Page 3 of 6 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. 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 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. (i-)-(j)_Multiple board or committee membership. No member of any appointed board or committee of the City of Winters Springs shall be allowed to serve on more than one such board or committee at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a member of more than one (1) board or committee, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. Secs. 2- 43- -2 -55. Reserved. Sec. 2 -56. Creation. The city does herewith and does hereby create a code enforcement board pursuant to the terms of F.S. Ch. 162. Sec. 2 - 57. Membership; appointment; qualifications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with Section 2- 42(d). Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. City of Winter Springs Ordinance No. 2010 -14 Page 4 of 6 * ** Sec. 2 -76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS "). Sec. 2 -77. Composition; appointment of members. • BOWS shall consist of five sevcl (7) members, . . . • • • • • • • • • • • . to be appointed and removed in accordance with Section 2 -42. * ** 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 . . • . • • and removed as set forth in Section 2 -42. . . '. . . . • ...' • 109.1 • • ' . .1 ... • • . • • • P . . . •• . • •1 . . .. . •• . ., ... • .. . • Oa • . , . 11 . • . . . .� .� . . • • . . • . • • • .. • • •. • . •1 • . • . 1 • • • . •• . • 1 • • • . , • . • • ' . • V' • ' . , . • (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) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. (d) Staggering of Terms. Beginning in January. 2012. seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016. and seats one (1). three (3) and five (5) shall be appointed to two (2) year terms expiring in January. 2014. Thereafter. all appointments shall remain staggered and shall be made for a term of four years. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 City of Winter Springs Ordinance No. 2010 -14 Page 5 of 6 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, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24 day of May, 2010. dip JO ;f . BUSH, Mayor ATTEST: A ' ) ' _ : ,1 NZO- LUACES, City Clerk Approv$d as to legal form and sufficiency for the City I inter Springs only: ANTH 1 A. AR / (ESE City Attorney First Reading: May 10, 2010 Second Reading: May 24, 2010 Effective Date: May 24, 2010 City of Winter Springs Ordinance No. 2010 -14 Page 6 of 6