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HomeMy WebLinkAbout2012 05 14 Public Hearing 502 First Reading Ordinance 2012-08COMMISSION AGENDA ITEM 502 May 14, 2012 Regular Meeting Informational Consent Public Hearings X Regular City Manager Department REQUEST: The City Attorney and the City Clerk request that the City Commission consider on First Reading, Ordinance 2012 -08, which revises the City's existing requirements for City boards and committees related to board and committee member attendance, and makes other, minor revisions. SYNOPSIS: At its meeting on April 9, 2012, the City Commission directed that the City Code's requirements related to board and committee member attendance be amended to allow for excused absences under certain circumstances. The current code provision does not differentiate between excused and un- excused absences. CONSIDERATIONS: 1. Currently, the City Code provides in section 2 -41(g) for the automatic removal of a board or committee member from their respective board or committee following a specific number of absences within a specific timeframe. Generally, members incurring three (3) consecutive absences from any regular meeting, or seven (7) absences from any meeting within a 12 -month period, are deemed automatically removed from the board or committee. However, for boards and committees that only meet regularly on a quarterly or less frequent basis, automatic removal occurs after two (2) consecutive absences from any regular meeting, or two (2) absences from any meeting. 2. The revisions set forth in Ordinance 2012 -08 provide that board or committee member absences may be excused by the chairperson and shall not count toward automatic removal if the member provides advance notice to the chairperson or city clerk's office of Public Hearings 502 PAGE 1 OF 2 - May 14, 2012 their absence. Approved absences would be required to be recorded in the minutes of the meeting. 3. This ordinance also clarifies an existing ambiguity in related to automatic removal of board or committee members serving on those boards that meet quarterly or less frequently, and corrects terminology used in the subsection related to alternate members. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of this Ordinance except for legal advertising required by Florida law prior to second /final reading. 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: The City Attorney and City Clerk recommend the City Commission approve Ordinance 2012 -08 on First Reading and move it to a Second Reading at the next regularly scheduled City Commission meeting. ATTACHMENTS: Attachment A Ordinance 2012 -08 Public Hearings 502 PAGE 2 OF 2 - May 14, 2012 ATTACHMENT 'A' ORDINANCE NO. 2012 -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; REVISING SECTION 2 -41 OF THE CODE OF ORDINANCES RELATED TO APPOINTMENTS OF 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, Section 2 -41 of the Winter Springs Code of Ordinances sets forth the City's uniform requirements and procedures applicable to the City's boards and committees; and WHEREAS, the City Commission desires to revise portions of section 2 -41 to clarify the City's policy and to provide for board or committee member absences to be excused under certain circumstances; 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, Section 2 -41, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of text existing in Section 2 -41. It is intended that the text in Section 2 -41 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2 -41. Appointments of boards and committees. (g) Absences. Unless otherwise provided by state or federal law, any board or committee member incurring three (3)consecutive un- excused absences from any regularly scheduled meeting of the board or committee, or seven (7) un- excused absences from any meeting of the board or committee within atwelve -month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in on which the absences have occurred. However, For boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall City of Winter Springs Ordinance No. 2012 -08 Page 1 of 3 cause automatic removal shall be two (2) consecutive un- excused absences from any regularly scheduled meeting of the board or committee, or two (2) un- excused absences from any meeting 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. Further, absences may be excused by the board or committee chairperson for cause upon prior notification by the board or committee member, and an excused absence shall not be counted toward automatic removal. Prior notification shall be made to the city clerk's office or to the chairperson. All approved, excused absences shall be duly noted by the clerk in the minutes of the board or committee. (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. Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. 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 day of , 2012. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk City of Winter Springs Ordinance No. 2012 -08 Page 2of3 Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: May 14, 2012 Second Reading: Effective Date: City of Winter Springs Ordinance No. 2012 -08 Page 3 of 3