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2014 06 23 Regular 600 Resolution 2014-09 Possible Withdrawal of City of Winter Springs in CALNO Membership COMMISSION AGENDA Informational Consent ITEM 600 Public Hearings g Regular X June 23, 2014 KS Regular Meeting City Manager Department REQUEST: The City Attorney requests that the City Commission consider a Resolution (2014-09) terminating the City's membership in CALNO. SYNOPSIS: At the May 12, 2014 (City Commission Regular Meeting), the City Commission discussed terminating the City's membership in CALNO. The City Attorney was instructed to evaluate the procedure under which the City could terminate the City's membership. In accordance with Florida Statutes and CALNO's By-Laws, the City can terminate membership by providing at least 60 days written notice. If the City desire to terminate membership, the City Attorney recommends that the City Commission approve the attached Resolution (2014-09), which would be distributed to the CALNO membership upon Commission approved. CONSIDERATIONS: 1. Section 163.02, Florida Statutes, provides that governing bodies of two or more local governments may, by resolution, enter into an agreement with each other for purposes of creating a council of local government officials. 2. According to the attached newspaper report, CALNO was created in the early 1970s. 3. CALNO has established By-Laws for its operation which are attached to this Agenda Item. No membership agreement appears to exist. 4. Article I A. 4 of the By-Laws permit members of CALNO to withdraw its membership by providing written notice. In addition, Section 163.02 (2), Regular 600 PAGE 1 OF 3-June 23,2014 Florida Statutes permits withdrawal from the council upon 60 days notice subsequent to formal action by the local government's governing body. 5. According to the attached newspaper article, the City of Winter Springs has previously withdrawn from CALNO, but subsequently rejoined. Thus, there is precedent for the City of Winter Springs withdrawing from CALNO. 6. Withdrawal from CALNO is discretionary and requires a majority vote of the City Commission. If the Commission desires to withdraw, the City Attorney recommends that the City Commission approve the Resolution attached to this Agenda Item. See Section 163.02 (1), Fla. Stat. (local governments may by- resolution establish a council). 7. Pursuant to the statutory notice requirements, the withdrawal would take effect 60 days from the effective date of the Resolution (2014-09). FISCAL IMPACT: Nominal Impact. If the Resolution (2014-09) is approved, the following expenses will no longer be incurred: Membership Dues - $25 per year. Other - City Clerk Department related costs when Winter Springs hosts CALNO. Approx. $325 (higher if dinner is provided.) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: If the City Commission desires to withdraw from CALNO, the City Attorney recommends that the City Commission approve the attached Resolution and upon approval, direct the City Clerk to distribute the Resolution to the other members of CALNO advising them of the City's withdrawal effective 60 days from the effective date of the Resolution. ATTACHMENTS: A. Resolution No. 2014-09 B. Section 163.02, Florida Statutes Regular 600 PAGE 2 OF 3-June 23,2014 C. CALNO By-Laws D. Orlando Sentinel Article, December 20, 1987 Regular 600 PAGE 3 OF 3-June 23,2014 Attachment" " �S0 TI0N N04, 2014-09 RESOLUTION OF THE CI'T'E COMMISSION of THE CITY of WINTER SPRINGS FLORIDA, WITHDRAWING THE CITY of WINTER SPRINGS MEMBERSHIP IN CALNO; DIRECTING THE CITY Y CLERK TO DISTRIBUTE THIS R SOLUTION TO THE OTHER MEMBERS ERS of CALNO ADVISING THEM OF THE CITY'S WITHDRAWAL; PROVIDING FOR SEE RABILI 'Y, REPEAL of PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE MATE. WHEREAS, the City is currently a member of CALICO which is a local gorremme t council established by Seminole County local governments pursuant to Section 163-02, Florida Statutes; and WHEREAS, Article I A. 4 of the CALK By-Laws pits members of CALNO to withdraw its membership by providing written notice; and 'M REAS Section 163.02 (2), Florida Statutes permits withdrawal from the council upon sixty days notice subsequent to formal action by the local govemment's governing body; and WHEREAS, the City Commission desires to withdraw the City of Winter Springs from CALK ; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the hest interests of the public health, safety, and welfare of the citizens of winter Springs. NOW,T ERE ORE BE IT RESOLVED BY THE CITY COMMISSION of THE CITY of WINTER SPRINGS9 SPRINGS SEMINOLE COUNTY, FLORIDA,AS FOLLOWS: Section 1. Incorporation of recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Withdrawal from CALNO. The City Commission hereby withdraws the City of Winter Springs' membership from CALICO effective sixty 60 days from the Effective Date of this Resolution. 4 Section 3. City Clerk Directed to Notify CALNO Members. Forthwith, the City Clerk is hereby directed to provide a copy of this Resolution, in executed form, to all the remaining members of CALNO advising therm of the City Commission decision to withdraw the City of Winter Springs' membership from CALNO. City of minter Springs Resolution 01 #0 Page I of Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severabillty. if any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jufisdiction, such portion shall be deemed a separate, distract and independent provision and such holding shall not affect the validity of the remaining portion hereto, Section 6. Effective Date. This Resolution shall become effective immediately upon adoption her the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Minter Springs, Florida, In a regular meeting assembled on the 23rd day of June, 2014. CHARLES LACEY,Mayor A'I"I'EST O ANDREA LORENZ -L AC S City Clerk Approved as legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESEs City Attorney City of Winter springs Resolution 2014-09 Page 2 of Attachment"Br 16u�2.omuncUsuf(ooa| public officials, rL S7§ 103,02 .......... _-'_________-__ ...................__-___---____---___ _---'--__-_______'__-__-___. ne:st's]�kz������\n�o*3nno�\�� )l')e Xi!�n���)Q��n1��hoo :ndln�cn�u`"`nurnM:l.�y��i'm�(�h'U`����c4'',6�l��m����nomQ Ch gnqpte 10.) -g r I i I Rv���»»'� yn�1-I.��j�{+�}agoox'».ynoomunt�d�//,Amzum West's F.OA,§ 163'02 -163.02. Couodlsn[locu)yobltco[Ocin\s c��0Nn«w� (1)The gpvcn-Ing bodies o[umyuvoormmu:ooumicsn�uni�pWihrs`np���ldimduo`ornU�r�ovcnnmo�) subdivisions nf this state,orany of them, herein nnfieroed mm monhxr houi4guvunxnums. may,by resolution,enter into an agreement nkh eackothor for thowutahi is)moento[ucnomzUof lncol pub Uouffin{als.A/Y/umunci|cotabi(u lied undur the uu(.hnr1Cyu[thiS SCChno shoUhcu corporation not for profit. (2)Repnsmotation no dmocounui|ohnU be iu the mann er pm»[dm1 in the ugrc-em e,w.uxmb|i»h(ng,he c0006i 1'lie representative froin each member local govern ment i-:,hall be ffic dected chief executive ofsaid local!,",overn n1wit or,i 1',stich government does not have uudmucdchi e f«nrz tit vcumombmrofimgoveming body dmucnbysudhboJ\ mhc its rep msontuUvo.Anymmnhcr tnav��,ithdfaw from tile council 60 i b Om d l hf ( i h 6y -------- ' (3)Thclocn]OpvccmncmouunoUuhuUbuvothcponcrro/ (o)S*d�aoohm�uQuvcmmcn�u]pmb)nmnasi�dccmsoPPmphu��inciud1n�buc not Ihokedtomuttm�nf�uin�hoohh.sa�ty` wc\faz .oducoion`ac000miccnndit[uns'mujun:odow:|opmrnr; (b)Pmmotccnopo rat i»cnrrangy emunmaodonon]1onm'ac Uooumolqgp its mcmhcra:umd (o) Nfitake recnmmeodmtons for ro«iu* and action to the mmnbcm and oU/ur puh|icu0uncioo ffim poforn local functions muj services.within the area. (4)Tho council shall adopt bylaws designating the oO]com of the.council und providing for the conduct n/its business. [he. mnuxoi{may mmp\o�nsua0[Con su|/and nmoiooxpcos.and purchase ur lease ornthnrn�c provide forxudhoupp>icn,m�edo1s, equipment and facilities as it deems desirable mid twou m,7. <5Xo)The&rovnming bodies of the mumhor��vwmmcnmn�uyoppmp�u/c��ndstom'a the necessary expenses n[the unono8. Semi�ao�pnronunx�`os�o�cqub/monruodu0lcwspncn.undmhcrneceu�x� u�vicusmuIhaoccup«oJDmmmomh000spnn or their finnucimlsupport. (b) The council may ouoepx fuods' grans' g/0u' and services from the nmtc <hom any other governmental unit, whether participating in the council or noL ftom the Government oythe United States, and from priv;ate and civic sources. _......................---_----'''-- 163.02,Councils of local public officials, FL ST§ 163.02 ( The counell shall make an alinual public report of Rs activilies to each of the mcniber l e l govemments,and shall have its accou ats audited a-tit)uialIv Laws 196 9.,c,69-69, 1 to . `'meet with c hap ters in ell'Cc:t fro1-11 t I I e 2 0 1.4 2 lick Re .01., lie 213rd L islzaure t11rk L1&'J h&I-arch 3 1.20 1 .ud III Doi,it]I w 1I _• 4 � .: � r. Attachment"C" BYLAWS OF THE COUNCI L OF LOC-AL GOVERNMENTS IN SEMINOLE COUNTY AS AMENDED ON MAY 771997 PREAMBLE We, the representatives of local governments In Seminole County-, hereby Join together in voluntary organizatlon to be known as the Council of Local Governments ents in Seminole County for the purpose of meeting at regular intervals to di cLISS and study community challenges of mutual interest and concern, and to recommend actions to meet.those challenges, This organization has been formed as a vehicle for closer cooperation by which the members seek through mutual agreement, solutions to local mutual problems while combining our total resources for regional challenges beyond our individual capabilities. Our goal is to retain, strengthen and improve local home rule_ ARTICLE I Mm + sh�, A. Mrnsi 1. Eligibility. Voting membership ip shall he open to municipal corporations located in Seminole County and incorporated under the laws o f the State of Florida and Seminole County, a political subdivision of the State of Florida. 2. Conditions. A focal government, to beo r- e and retain membership on the council, shall: Formally submit in writing a request for membership on the Council. b. Be approved by a majority of the member agencies. G. Comply with dues requirements as stated In the Bylaws. 3. Representation. Each member government shall be officially represented by duly elected representative and an alternate, designated by the member government, 4x/ . Withdrawal. A member government may withdraw its. membership at any time by formally submitting in writing its intention to do so. 5. Dues. Membership hi duos to defray administrative operating expenses shall be assessed annually by the Council. The initial membership dues established by this amendment ent shall be Twenty-five and no/100 bolters ($25.00) per annum. B. Ex-Officio Memo 1. Eligibility. Mon-voting membership shall be open to non--municipal public organizations located in Seminole County, and incorporated under the laws of the State of Florida. 2. Conditions. An ex-officio clo r ember that desires to become and retain membership on the council shall: a. Nominated inated b a member of the Council. b. Be approved by a majority of the member agencies c. Shall not be subject to dues requirements. 3. Representation. The member organization shall be officially represented by an appointed representative and an alternate,designated by that member organization. 4. Withdrawal. A member organization may withdraw its membership at any time by formally submitting in writing its intention to do s . ARTICLE II Powers The Council In addition to the powers of the Council authofted by Chapter 163.02, Florida Statues, the Council skull have the power to: 1. Adopt a Council budget and membership fee schedules, 2. Adopt and amend bylaws; 3. Initiate, advise and aid in the establishment of cooperative arrangements. including Intedocal agreements, among loyal governments In the region; 4. Make a recorr menda ions to any local governments or to other appropriate agencies or entities; 5. Propose amendments to inter-governmental agreements for ratification of members. ARTICLE III Council organization 2. Voting. Each local government member will have one 1 note on the Council; the representative and/or alternate shall be an elected official. 3. Quorum. A quorum of the Council shall consist of a simple majority of the total voting membership. 4. Meetings, The Council shall meet upon the call of Its Chairman or any two (2) officers of the Council. Unless otherwise notified, the Council will meet on the first Wednesday of each month at the sane time and place specified. 5. Committees. The Chairman shall have the power to appoint such committees as deemed necessary to carry out the Council's activities. 6. Electrons and Duties of fce . (a) All officers (members ber's go ernme is shall be effected at the first annual meeting by the members in good standing and shall hold once for one 1 year. (b) (1)The Chairman shall preside at all meetings. (2)The ice-Chairman shall perform the doges of Chairman during his absences. (3) The Secretary/Treasurer shall perform in the absences of the Chaim n and ice- Chairman and shall be responsible for the accurate accounting of all financial transactions and timely reporting of the financial condition to the membership. ARTICLE IV Policy On Legislature Matters It shall be the policy of the Council to act only on legislation pertaining to the welfare of all its members. ARTICLE Amendments These bylaws may be amended (repealed) or added to at a regular meeting of the Council provided that a written notice shall have been sent to each member go eminent ten days in advance of meeting, which notice shall state in full the amendments or charges which are proposed to be made in such bylaws. Cindy Gennell, Chairperson 0 11 Page I of 2- WhiterSprincysl� Rejoi,iCtiliio - Ort-,indt-) Scnt' ieI Attachment"D" CARE. COMPASSION. COMMITMENT SJGN ITS!v'SIGN UP E-F-ti ITIM H 0 M Iz-DELI L RY 0M17 AL M E FA 12 ERS HIPS PLACE A14 AD J 0 US 4:07 PM EDT F Wednesday,May 14,2014 TF r� M F! je IL Ij LOCAL V-*f7_—.'A I F i L f cl?K. 13REA]KING OBITUARIES CRIME POLITI UNRAIL ORANGE SEMINOLE LAKE OSCE}LA WNTER PARK COLLEGE PARK ........................... Hern Sea ro4 h ail :„ten t t.q�o% ;Calnip sear ell fir{ ;5tjn V,�-Lr-e r R.Gigar 4�F tow itr kilroll ................ NSU Orlando. You don' have to go f to. get ahead,. How To Remove Dark.S 'V's sor "un ^soin C Winter Sprin.gs To R alno DO"Wz f-I I V 7 By 64ry t-_l Tph�3$CML'n,�Staff VVI NTE R S P R I N G S—Alliat a 6ey on inonth a bs e ncv, Me r Splin g r,w I I 7. return to the.C ou r,0 of L I G ove r”Ilion ts Ive ma d e o ur po n t, qa C,tty C ors ni�svoner ArIti us-Roffman n,w�rw go-sted the r rn to the A Weird Trick T'0 Remove A sourOng Sara for reviving.njjljj,3�problems among I.qv,seven cell the county and the school Dark Spots Without A Doctor board,the co u oc�l is.commni,ly V ncmr n as C-Ii LN 0 F cr f�i n fix,ea tly 1970!,CA L?40 is an a uc nym -tamonte Spi­igs Lrng-.Yoc4-and W.Mer Spdngs,then taken framilts oriqiral v%ewb6rs--Casselberry.A! kncwn as Norfli Oiiando ..� �" ��� :; Train Schedules & Death & Obituary . . Fares Records + Get Train Routes,Schedules& Fares Search 6+Billion Names&Records. Free With EasyTransitNow's Toolbar! Find Historical Obituaries Online. minter Spr in g s Wn 10� 1 one rs va te d 3 to 2(a St week t u re tu 1 11 to tiv,cc-urzj 1, ildl 00mrrassto n ws P.Sit K,"-t>e.s an d.C41 dy Ka e hIc-f oppo,�,.ng we re turn The.=naii ss o ne�i ti vot od una-r-im�sly in Mzj to M - Ij wn n -q , f semin CCU S %vi th drew Iron G A U40,s aLf 6:rig The mgen 1z a; -o I o ng e r;e rz�ese n I ed.t�,,e ,tj�res t5 0 -r,�e 11,1y' -rockvq.. Winter Springs pufled m it of CAL N 0 because cf d Life re nces,v,4n Serm n ole Co u nty cvelr seve ra',issues, jnClUding the.CoUntytg atteq�pl 'S J�)MjeCt a roaCl jM pa_t 0 tj tj e�V W %fapmen Afticicesz, L t v hin the dty A lawsw(to Ix,Wti Space,Exit In Haste.Frog A WaA,,!o- d o r ne the leg w1dy of t W im pw fee is p a n d i n g in 6 T Q III.co U k111- The cite also o L e clod t a 11 ie wa y members ware ap'po'inted to a com rtut te e 0 charter lv%inlq�r S-nn gs-No Returns'To'CALfm government.Winter Sptt.ngs conimisslonots also were up,*t because,a co my advisory panel had nd funding for a nm,senior blizons centef they had wanted. refused to recomm, ,e -the way it operates. Pl_an s FL,.-�vaf For NOV Everi�_Yhfl�e voling to return to the council,convnisswerl.we. crit=i of t e S;-4•, s C-1 cwth C cnot- S m me 61,1*s' er Bil.i Jacc�bs.w?.113 wllt$(AYOS(11 to represent Ine COMM(sSitn on Sa Trercher,"You caql chanp 11. 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Train Schedules & Fares sytran stn w com Get Train Routes,Schedules&Fares r With : +Tr of ' Toolbar! -Ie saki k un f?iayom'cov a},nmef iitended In du ki ale mtei i w0i k..-1 LU + Utd serve P.L; ofw5 pu tpose by a owilopi:to mo ts*cx�rpo r allot I a R)W} t t I e dty pvc rnnI&M But wrier.a g!cc mm rt t.y IcK,,af Govet r;rr nt!;M need mov n ie E0sue,:-Ai ch a th*M I;, of -c £: 5;fro”) Death & Obituary Record s Search + Billion Names&Records, Rnd Historical Obituaries Online. P r feopt� v;qrl Ficinc a i 9- t biea r-w&I dog F I cmd,,6 be-,av ie,�m o q o on Z.,11b S hack day altamc4N—r' 0a,Seacft -s-:n Otte ,. .hti 'r:�'� Et:=i--,!I f k�F.+'+.f;3,.Ci1 .7 �. it! i .' 4# i'-t L v�S:` i t.f,�', fer f�iv`ft';.1` L' f,`.k" f..[.',"a-y rest,tis.!w Pcm=0 Rfy--C;�W10 £ t,+c'rw&-f b re p aiw.n .e, <c;.r Fkxo,t Lo ito Ve to -t a sew s for T 15 m lit : *irti l ' . rl id ine . '1987-1 - .{ .:'N%, '1 06 l —i—common. is i r -cotin:... 14/201.