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2014 06 23 Regular 601 Board and Committee Appointments COMMISSION AGENDA Informational Consent ITEM 601 Public Hearings g Regular X June 23, 2014 KS ALLL Regular Meeting City Manager Department REQUEST: The City Clerk requests that Members of the City Commission (depending on the applicable Advisory Board/Committees) make the following Appointment(s)/Reappointment(s) related to the Terms of Office which reflect current vacancies and Terms of Offices which will be expiring in July and August of 2014. SYNOPSIS: Typically, this time of year annually, an Agenda Item is brought forward to the Mayor and City Commission related to all of the Terms of Office which will be expiring in July and August 2014 for(Advisory) Board and Committee Members, for the purpose of making any required Appointment(s)/Reappointment(s). CONSIDERATIONS: Related to the upcoming vacancies, the Board and Committee Members referenced in this Agenda Item have all been notified, and/or they have notified the City. Sec. 2-41. 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. Regular 601 PAGE 1 OF 8-June 23,2014 (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 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: (1) 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-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. (2) 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. (3) All appointments to a city board or committee are not effective until the appointment is ratified by majority vote of the city commission. (4) 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. (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. 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. Regular 601 PAGE 2 OF 8-June 23,2014 (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee." and "(i) Alternate members. At the discretion of the city commission, two (2) alternate members may be appointed to each City of Winter Springs board or committee, 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 or committee 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." Term(s) ending in late July 2014: CODE ENFORCEMENT BOARD: The Code Enforcement Board is a seven (7) Member Board, which meets monthly, on the fourth Tuesday, beginning at 5:30 p.m. In accordance with Florida Statutes, the Term of Service for this Board is three (3)years. The Code Enforcement Board has specific criteria related to its membership, as noted below: Florida Statutes: 162.05 Local government code enforcement boards; organization. "(1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor." The following is an excerpt from the City's Code of Ordinances: Sec. 2-57. Membership; appointment; qualifications. "The code enforcement board shall consist of seven (7) Regular 601 PAGE 3 OF 8-June 23,2014 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." Type of employment of the current Code Enforcement Board Members: • Laurie Calhoun - Telecom Broker • Matthew Criswell - Commercial Roofing Contractor • Hugh Fisher-Retired/Manager/Television Broadcasting Executive • Carole Giltz - Teacher • Maurice Kaprow- Retired/ School Administrator • Gregory Roero - Teacher • James Wentz - CFO Code Enforcement Board Vacancies: Seat Four- Current Appointment Needed: Mr. James Wentz Term Expires: July 2014 [Three (3)year Term] Mr. James Wentz has asked NOT to be ReAppointed At Large Seat - Current Appointment/Reappointment Needed: Mr. Hugh Fisher Term Expires: July 2014 [Three (3)year Term] Mr. Hugh Fisher has noted his interest in being ReAppointed PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY: The Planning and Zoning Board/Local Planning Agency is a five (5) Member Advisory Board who serve a Term of four (4) years. Regular meetings are held on the first Wednesday of most months at 5:30 p.m. "It shall be the duty of the Planning and Zoning Board to: (1) Recommend to the City Commission the boundaries of the various original Zoning districts and appropriate regulations to be enforced therein and any proposed amendments thereto and to collect data and keep itself informed as to the best practices generally in effect in the matter of City Planning and Zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on City Planning and Zoning. The Board shall recommend the boundaries of districts and appropriate regulations. (2) To hear and make recommendations on appeals only where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official in the enforcement of any Zoning Ordinance or regulations adopted, as provided in this chapter. (3) To review and make recommendations to the City Commission on any application for Variance, as provided in this chapter. (4) To review and make recommendations to the City Commission on any application for Regular 601 PAGE 4 OF 8-June 23,2014 Conditional Use, as provided in this chapter. (5) To review and make recommendations to the City Commission on any application for Waiver, as provided in this chapter. (6) To hear and make recommendations on such other matters and issues and give such guidance as may be required by Law or requested of it by the City Commission. The Planning and Zoning Board may recommend such rules of procedure as are necessary and not in conflict with the provisions of the Code of Ordinances of the City, or those Statutes of the State which are specifically applicable to municipalities. In addition to the duties set forth above, the Planning and Zoning Board shall serve as the local Land Planning Agency pursuant to the County Comprehensive Planning Act and the Local Government Comprehensive Planning Act of the State and the Board shall commence such duties on the adoption of the Comprehensive Plan by the City Commission." Planning and Zoning Board/Local Planning Agency Vacancies: Seat Two - Current Appointment/Reappointment Needed: Mr. Bart Phillips Term Expires: July 2014 [Four(4)year Term] Mr. Bart Phillips has noted his interest in being ReAppointed Seat Four - Current Appointment Needed: Mr. Bill Poe Term Expires: July 2014 [Four(4)year Term] Mr. Bill Poe has fulfilled the three (3)full Terms of Service allowed by Code TUSCAWILLA LIGHTING AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE: The Tuscawilla Lighting and Beautification District Advisory Committee is a five (5) Member Advisory Committee who serve a Term of four (4) years. Regular meetings are held Quarterly on the third Wednesday of January,April, July, and October at 5:15 p.m. The City Commission may establish, by Resolution, an Advisory Committee for any Assessment Area within which Assessments are imposed. Each Advisory Committee shall consist of at least five members appointed by the City Commission. Members of the Advisory Committee may be residents or persons with a vocational or investment interest in the assessed area. All members of any Advisory Committee shall serve at the pleasure of the City Commission. Each Advisory Committee, for its respective assessed area, and in conjunction with City staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired local improvement or related services, (2) imposition of assessments to fund the local improvement or related services, (3) issuance of the Obligations when required, and (4) maintenance of the local improvement or the provision of related services. The advisory committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the respective assessed areas and make such recommendations thereon as the advisory committee deems appropriate. Regular 601 PAGE 5 OF 8-June 23,2014 This Advisory Committee appointed by the City Commission are appointed for a Term of four years and are tasked with reviewing and discussing issues related to the foregoing and other directly related matters of interest to the owners of property within the Tuscawilla community. To serve on this Advisory Committee, you need to reside within the Tuscawilla Lighting and Beautification Assessment District. Tuscawilla Lighting and Beautification District Advisory Committee Vacancies: Seat One - Current Appointment/Reappointment Needed: Ms. Mary Brook Term Expires: July 2014 [Four(4)year Term] Ms. Mary Brook has noted her interest in being ReAppointed Seat Three - Current Appointment/Reappointment Needed: Ms. Luci Coker Term Expires: July 2014 [Four(4)year Term] Ms. Luci Coker has noted her interest in being ReAppointed Seat One - Current Appointment/Reappointment Needed: Mr. Don Gilmore Term Expires: July 2014 [Four(4)year Term] Mr. Don Gilmore has noted his interest in being ReAppointed Term(s) ending in late August 2014: OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE: The Oak Forest Wall and Beautification District Advisory Committee: is a five (5) Member Advisory Committee who serve a Term of four (4) years. An annual Regular meeting is held on the second Thursday of May, currently, beginning at 5:30 p.m. The City Commission may establish, by Resolution, an Advisory Committee for any Assessment Area within which Assessments are imposed. Each Advisory Committee shall consist of at least five members appointed by the City Commission. Members of the Advisory Committee may be residents or persons with a vocational or investment interest in the assessed area. Each Advisory Committee, for its respective assessed area, and in conjunction with City staff personnel, shall timely provide input and recommendations to City staff or City consulting professionals assigned the task of providing technical assistance in the following activities: (1) development of a budget for the desired local improvement or related services, (2) imposition of assessments to fund the local improvement or related services, (3) issuance of the Obligations when required, and (4) maintenance of the local improvement or the provision of related services. The Advisory Committee shall review and discuss issues related to the foregoing and other directly related matters of interest to the Regular 601 PAGE 6 OF 8-June 23,2014 owners of property within the respective assessed areas and make such recommendations thereon as the advisory committee deems appropriate. This Advisory Committee will review and discuss issues related to the foregoing and other directly related matters of interest to the owners of property within the Oak Forest community. To serve on this Advisory Committee, you need to reside within the Oak Forest Wall and Beautification Assessment District. The Term of Service for this Board is four(4)years. Oak Forest Wall and Beautification District Advisory Committee Vacancies: Seat Two - Current Appointment Needed: Mr. Brian Oliver Term Expires: August 2014 [Four (4)year Term] Mr. Brian Oliver has fulfilled the three (3)full Terms of Service allowed by Code Seat Four - Appointment/Reappointment Needed: Mr. Robert Carril Term Expires: August 2014 [Four (4)year Term] Mr. Robert Carrill has noted his interest in being ReAppointed Any Appointment(s)/Reappointment(s) for any of your Boards and Committees that are not made at this Meeting, can be placed on the next Agenda is so desired. FISCAL IMPACT: There is no noted Fiscal Impact to this Agenda Item. 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. In May/June 2014, all the Board and Committee Members whose Term of Office was expiring, or whose Term of Office is due for an Appointment/Reappointment as documented in this Agenda Item, have been contacted. Furthermore, the Mayor and City Commission have been provided with the same information, and any Applications that have been submitted, and any that are forthcoming. Regular 601 PAGE 7 OF 8-June 23,2014 RECOMMENDATION: An individual Motion is requested for each Nomination please. Appointments/Reappointments to be made by: Seat One- Commissioner Jean Hovey: • Seat currently held by Mary Brook - Tuscawilla Lighting and Beautification District Advisory Committee Seat Two - Deputy Mayor Rick Brown: • Seat currently held by Bart Phillips -Planning and Zoning Board/Local Planning Agency • Seat currently held by Brian Oliver - Oak Forest Wall and Beautification District Advisory Committee (Mr. Oliver has fulfilled the three (3)full Terms of Service allowed by Code) Seat Three - Commissioner Pam Carroll: • Seat currently held by Luci Coker - Tuscawilla Lighting and Beautification District Advisory Committee Seat Four - Commissioner Cade Resnick: • Seat currently held by Jim Wentz - Code Enforcement Board (Mr. Wentz does not wish to be ReAppointed) • Seat currently held by Bill Poe - Planning and Zoning Board/Local Planning Agency (Mr. Poe has fulfilled the three (3)full Terms of Service allowed by Code) • Seat currently held by Robert Carril - Oak Forest Wall and Beautification District Advisory Committee Seat Five - Commissioner Joanne M. Krebs: • Seat currently held by Don Gilmore - Tuscawilla Lighting and Beautification District Advisory Committee Appointment which can be made by the Mayor or any Commissioner: • Seat currently held by Hugh Fisher- Code Enforcement Board Again, any Appointment(s)/Reappointment(s) for any of your Boards and Committees that are not made at this Meeting, can be placed on the next Agenda is so desired. ATTACHMENTS: None. Regular 601 PAGE 8 OF 8-June 23,2014