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HomeMy WebLinkAbout2012 09 10 Public Hearing 502 Ordinance 2012-11, Sunset of the Beautification of Winter Springs BoardCOMMISSION AGENDA ITEM 502 September 10, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KL RS City Manager Department The Community Development Department and the City Attorney request that the City Commission hold a Second Reading and Public Hearing for Ordinance 2012 -11, which effectively dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff, various other City Boards and Committees, and other parties deemed appropriate by the City Manager. SYNOPSIS: This agenda item is in concert with the Commission's desire to streamline the City's Urban Beautification efforts, including various programs of the Arbor Division and, as per a directive on August 13, 2012, the dissolution of the Beautification of Winter Springs Advisory Board and delegation to the City Manager of the responsibility of coordinating those duties with city staff, various other existing City Boards and Committees, and other parties as designated by the City Manager. CONSIDERATIONS: The Beautification of Winter Springs Advisory Board was formed in 1989 pursuant to City Ordinance Number (459) to assist in the City's master planning of beautification. Shortly thereafter, BOWS also became the City's Tree Board and helped to qualify Winter Springs as a 'Tree City USA' as part of the National Arbor Day Foundation's Tree City USA Program. The BOWS Board originally met twelve (12) times per year and has a total of five (5) appointed members. Public Hearings 502 PAGE 1 OF 3 - September 10, 2012 Throughout the years BOWS has provided valuable input on important programs including, but not limited to: The City's Annual Arbor Day Celebration, Neighborhood Improvement Grants, Historic Tree Designations, Memorial Tree Plantings, The City's Pole Banner Program, Grants from the Florida Division of Forestry and US 17 -92 CRA, Christmas Decorations throughout the City, and our Annual Christmas Tree Lighting Celebration. However, the City's overall beautification responsibilities have become increasingly more complex and time consuming to manage as our population has grown to upwards of 35,000 residents; while at the same time, operational budgets have decreased due to declining revenues of the past several years. As a result, the City Manager and staff have become primarily responsible for coordinating the efforts of the City's urban beautification, to include day -to -day management and cost containment, and the role of the City's Beautification Board has correspondingly diminished. Additionally, several other Boards including the Tuscawilla Lighting and Beautification Advisory Board, Oak Forest Wall Advisory Board, and, recently, the newly created Parks and Recreation Advisory Committee and the Bicycle and Pedestrian Advisory Committee have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction, resulting in the role of BOWS being further diluted, and in many cases has become redundant to other efforts. Finally, not withstanding a recent reduction in meeting frequency from twelve (12) to four (4) annually in an effort to reduce operational costs, recent vacancies on the BOWS Board have been increasingly difficult for the City Commission to fill with citizens who are willing to serve on this volunteer committee. At a regular Commission Meeting on August 13, 2012, the Commission expressed a desire to streamline certain processes of the City's beautification efforts by dissolving the BOWS Board and codifying text amendments to the City Code that will allow the City Manager and staff the ability to act more swiftly and efficiently in serving the public. The flexibility to utilize various other current advisory boards, committees and volunteers as a resource is preserved in Ordinance 2012 -11 without additional delays in the business process. At a regular meeting of the City Commission on August 27, 2012, Agenda Item PH -501, first reading of Ordinance 2012 -11, was unanimously approved by the Commission to move the item forward to a second reading and final approval. FISCAL IMPACT: If Ordinance 2012 -11 is approved, there will be a cost savings of at least $250 per meeting related to not having staff prepare for and attend the quarterly Beautification of Winter Springs Advisory Board Meetings. 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 Public Hearings 502 PAGE 2 OF 3 - September 10, 2012 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. This proposed amendment was publicly advertised in the Orlando Sentinel on August 30, 2012. RECOMMENDATION: The Community Development Department and the City Attorney request that the City Commission approve on second reading, Ordinance 2012 -11, which dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff, various city boards and committees, and other parties deemed appropriate by the City Manager. ATTACHMENTS: 1) Ordinance 2012 -11 2) Legal Ad - August 30, 2012 Public Hearings 502 PAGE 3 OF 3 - September 10, 2012 Attachment ' l ' ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING URBAN BEAUTIFICATION; AMENDING CHAPTER 2, DIVISION 4 OF THE CITY CODE TO DELEGATE TO THE CITY MANAGER THE RESPONSIBILITY OF COORDINATING THE CITY'S URBAN BEAUTIFICATION EFFORTS WITH CITY STAFF, VARIOUS CITY BOARDS AND COMMITTEES WITHIN THEIR RESPECTIVE ASSIGNED AREAS OF RESPONSIBILITY AND JURISDICTION, AND OTHER PARTIES DEEMED APPROPRIATE BY THE CITY MANAGER; PROVIDING FOR THE DISSOLUTION OF THE CITY'S BEAUTIFICATION BOARD; 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, currently the City operates an urban beautification division within the Community Development Department; and WHEREAS, in addition, the City also currently has several boards and committees that have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction including the Parks and Recreation Advisory Committee, the Bicycle and Pedestrian Advisory Committee, the Tuscawilla Lighting and Beautification Advisory Board, and the Oak Forest Wall Advisory Board; and WHEREAS, the City's Beautification Board was created in 1989 pursuant to Ordinance No. 459 to assist the City in its beautification efforts; and WHEREAS, the City Commission recognizes that the BOWS Board has made significant contributions to the City's beautification efforts over the years and the City Commission wishes to thank all past and current BOWS board members for their dedicated service; and WHEREAS, the City Commission finds, however, that since the BOWS Board was created in 1989, the City has grown tremendously in terms of population and geographical size; and City of Winter Springs Ordinance No. 2012 -11 Page 1 of 5 WHEREAS, because of this growth, the City's beautification efforts and responsibilities have become more complex and time consuming to manage; and WHEREAS, because of the complexities involved in managing the City's overall beautification efforts on a day -to -day basis, the City Manager has, especially in more recent years, been primarily responsible for coordinating the efforts of the urban beautification division and the various boards and committees, and the role of the City's Beautification Board has correspondingly diminished; and WHEREAS, for purposes of eliminating redundancy and streamlining the management of the City complex beautification efforts and needs, the City Commission desires to amend the City Code to codify past City practices and dissolve the City's Beautification Board; 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 reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 2, Division 4 of the City Code is hereby amended as follows ( underlined type indicates additions and type indicates deletions): DIVISION 4. — URBAN BEAUTIFICATION Sec. 2 -76. — 1K %a , , * Purpose and Intent The purpose of this Division is to emphasize the city commission's commitment to urban beautification throughout the city. The commission recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assi ned by city code, the city commission and city manager It is the intent of this division to promote urban beautification within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. -. .. City of Winter Springs Ordinance No. 2012 -11 Page 2 of 5 Con 7 7Q • • Tai - ' f • Sec. 2 -79-7. — City Manaizer's Duties; Use of Existing City Boards and Committees (a) The talf IVAARPAW ABR c ity manager 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 in connection with the beautification and preservation of natural beauty of the city including the city's master beautification plan . To the extent deemed necessary and appropriate by the city manager, the city manag may assign these responsibilities to the city staff includin cit y's urban beautification division within the community development department. (b) The city manager is authorized to cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city, provided said use of the board or committee falls within the ,general scope of authority or jurisdiction assigned to the board or committee by the city commiLQ,LQion_ Sec. 2 -780. - Master beautification plan; recommendations to city commission. (a) The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No. 2012 -11 Page 3 of 5 �. . .. a 0 a �� AV& www" III NVII MINN. I IN I I 111 11 11 ir I Jbi 1111111 1 1111 VI 4 1111110 1LwA .10 . IL VA WmW JIMIIIR 0 0 lLwMMLMM U IWAMILAW&VAM Sec. 2 -79-7. — City Manaizer's Duties; Use of Existing City Boards and Committees (a) The talf IVAARPAW ABR c ity manager 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 in connection with the beautification and preservation of natural beauty of the city including the city's master beautification plan . To the extent deemed necessary and appropriate by the city manager, the city manag may assign these responsibilities to the city staff includin cit y's urban beautification division within the community development department. (b) The city manager is authorized to cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city, provided said use of the board or committee falls within the ,general scope of authority or jurisdiction assigned to the board or committee by the city commiLQ,LQion_ Sec. 2 -780. - Master beautification plan; recommendations to city commission. (a) The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No. 2012 -11 Page 3 of 5 Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the T-h s shall work with the various city boards and committees, as well as other civic groups and governmental agencies operatinuwithin the environmental limits of the city, to promote and enhance the following: (1) Beautification efforts relevant to and recognized by the city including, but not limited to, beautification special assessment areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests., b-„ A QL A" r°frAi �p A"' 9:4f M"J:JMQI VPP11 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 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 the City Charter. City of Winter Springs Ordinance No. 2012 -11 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 September, 2012. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2012 -11 Page 5 of 5 Attachment 1 2 1 ' SE ThUr SdOy, A ugust 3o, 2012 Orlando S entIneI I S emin ole Extra I C � S d► 3` � r r a€ a'`' s d 'I=r d rig I I'� 7- { �y , appea is Eased ft da SWWI0% SeCW 28 6,0105). f ' TI PUBLIC NOTICE COMPREHENSIVE NOTICE � HEARING- CITY WI SPRING$ PLAN AMENDMENT CITY WI SPRINGS CITY WINTER SPRINGS NOTICE i HEREBY GIV T THE CITY NOT14 IS lit R:SYGtVE T HAT THE LOCAL PUN N1NG AGENCY AND CITY NOTICE I� 3Y �� THAT T CI PURPOSES TO CONSIDER: COMMISSION ILL CCNSIDER.o COMMISSION PURPOSESTO CO IDER: ORDINANCE NO. ORDINANCk NIA. 2012 -18 AN ORD OF THE GIV COMMISSION OF THE CITY OF WINUR SPRINGS, UMINOLE COUNTY. FLORIVA, RED. ING TO �i�MPRERENSIVE ORDINANCE 0.2012 -1 A ORDINANCE OF THE CITY GOM ISSI0N FORTA PLAN AMENDMENT, E REFERENCE AS CPA o,a -Ir is FI, F PHOVI DI ' HG AN ORDINANCE O THE CITY C M ISSION OF THE CITY GE WINTER SPRINGS, FLORIDA, FOR AD1 I TtON OF AN AMENDMENT TO THE FUTURE I, ND UU MAP BY I)ES IGNMING CERTAIN MEAL PROPE13TY W THE CITY 'OF OF THE CITY Off' LINTER SPRINGS, FLOPIDA, AMEN CHA -3 THE CITY WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1) RAI�CEL Of LAND, CONTA 40 GROSS ACMES MORE OR LESS. AND LOCATED AMENDING CHAPTER 2 DIVISION 4 OF THE CODE; PROVIDING FOR THE REPEAL OF GENERALLY ALONG EAST STATE ROAD 4$4, MORE 1'AR1'MIJ;LARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT A, AnACHED HERETI) AND CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND FULLY INCORPORATED fiEREIN BY THIS REFERWE, FROM MIXED USE FO GREENEWAY INTERCHANGE DISTRICT AND COUSERVATIBN OVERLAY PRI I NCONSIS TENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE VON THOSE AFFECTED ANEAS); PROVIDING AN EFFECTIVE DATE AND AL RESOLUTIONS; INCORPORATION INTO THE CODE; SEV RABI LITY; AND AN EFFECTIVE Of THE PLAN TO THE STATE LAN FLANNiNG AGENCY :PROVID NC FOR THE REPEAL OF PRWR IHCONSISTEiNT ORDINANCES AND RESOLUTIONS, CODE; SBV RABILIT ; DATE. S EYE R ABI Lrff, AND AN EF FECTIVE DATE. AND AN EFFECTIVE DATE, NO. 2012-1 P IE#�RII�I A ORDINANCE 01= 71•��� I:OI�+'IE #ON.OF THE Ir IiTY OF WINTER AN SPRINGS, SE Ik;UE COUl+ , FLORIDA, RELATING70 COMPRtHENSIVE PUBLIC HEARING FOR SECOND -READING WILL BE HELD CAN PLANNING: S iNG FORTH AND ADOPTING A COMPREHENSIVE PLAN AI431<HOMENT, REVERENCED AS CPA -201 •03-E R, PROVIDING 10h FOR SECOND READING WILL BE HELD ON MONDAY, SEPTEMBER 10, 2012 A 5 :15 Pik AMENDMENT T O THE CITY' CAPYfAl IMPROVEMENT I LEMEWr OF THE COMPREHENSIVE PLAN; PROVIDING AN. EFFECTIVE DATE AND LEGAL M ONDAY, SEPTEMBER 10, 2012 AT ,15 PIS STATUS Or IRE PLAN AMErN17WNT; PRO FOR IRANSMTTAL OF OR SOON TH REAI TER IN THE COMMISSION - THE PLAN TO THE STATE LAND PLANNINB Ili NCY; PROV101NG FOR THE WEAL OF PRIOR INCONSISTENT DROINANCES AND RESOLUTIONS. OR SOON TH R AFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS' SEVEI A ILIT . N All E CHAMBERS LOCATED AT WINTER SPRINGS' C ITY HALL, 1126 EAST STATE ROAD 434, ANN =EC - rluEDATE, N� A I:++#,#BL.Ifi, HEARING , �LO PL I . WILL BE HELD O CITY MALL, 1126 EAST STATE ROAD 434, W1 LITER SPRINGS, FL 52703 'TUESIDAY, SEPTE �, F-R 11, 2012 AT 5.30 W INTER SPRINGS, FL 32708 OR 80011THEREAi~1ER IN IHE THE PROPOSED ORDINANCE MAY BE I�o Elal�cl� E� L AT �IINTI<1� F+I� I'ICx �ETY H�4L.� THE PROPOSED ORDINANCE MAY BE OBTAINED BY INTERESTED PARTIES WINTER INT6 EAST STA 4 E =13 SlxldlNGa FLORIDA OBTAINED BY INTERESTED PARTIES BETWEEN 8 AEI AND Pm, MONDAY THRU CITY t�MMI IClt THAN I�IITT,AL PUBL HEARI T EE AEI AND P , MONDAY THRU FRIDAY, AT THE CITY CLERIC (DEICE WILL BE HELD ON FRIDAY, T 112 EAST STATE ROAD 4 34, LOCATE AT 1126 EAST STATE ROAD 434, IS a, 201 1�loraoaY, T s 15 � BM WINTER SPRINGS, FL 32708, FOR MORE WINTER SPRINGS, FL 32708. FOR MORE ON SOON THEREAFTE13INTHE IN ORMATiON CALF, (407) 327-1800 x227. INFORMATION CALL (407) 527 -1800 x227. W1 NTER SPRtNQ 9 C ITY �I'IALL ' PERSONS WITH DISABILITIES NEEDING PERSONS WITH DISABILITIES NEEDING 11 26 EAST STAU ROAD 434 WINTER SPRINGS, LORI DA ASSISTANCE TO PARTICIPATE IN ANY OF ASSISTANCE TO PARTICIPATE IN ANY OF The proposed - oTdInam 0 "y Ira ObUlied by hltaf�sted P;tMOS ba�vulln THESE PROCEED�N S SHOULD CONTACT THESE PROCEEDINGS SHOULD,CONTACT Mo�td Idea td at 1126 <, SEA 4���v intef SAM10S. Fla €dil, F MR IK FM #kffl, THE EMPLOYEE RELATIONS DEPARTMENT THE EMPLOYEE RELATIONS DEPARTMENT RT ENT earl {���� 3 t227. �e #s��+s with di �eedl� asslstar�va any of I dlsa to partwipate Ire lsza� pfoceedlrkgs shout conIacl The Employee COORMNATOR 4 HOURS lid ADVANCE COORDINATOR 4 HOURS IN ADVANCE O at (407) 327 Iie1�i #ao�s 2 ,1800, r�� Ooa�d;f� is a p Pa I�o�rfs �� advertae of IPa �teeia r q •I�I, n36. �bl� �5 ��I�c E }ea�#ag. In#efesked Pa�E�s xra O THE M ETIN6 AT: (407) 327.1800 x236. THE MEETING AT: (407) 327-1 x236. �dv�sed lt�al they M y ������ at II�e Mee ;and Ike Aear� Wi th f�s���t Io Im qmpowj ardIran-c8, THIS IS A PUBLIC HEARING. INTERESTED THIS IS A PUBLIC HEARING, INTERESTED (#RO#NANCE2012 - 13 PARTIES ARE ADVISED THAT THEY I'+IIA P ARTIES ARE ADVISED THAT THEY MAY OCATEO MA APPEAR AT THE MEETING AND BE HEARD APPEAR AT THE M EETING AND BE HEARD I 1 � W ITH RESPECT TO TIDE PROPOSED WITH RESPECT TO THE PROPOSED fL �.�...,. 7 a.w R».,ewir 0RDIi AN CS, IFYOU DECIDE TO APPEAL ORDINANCE. IF YOU DECIDE TO APPEAL, ANY Y � J M►?... ANY RECOMMENDATION OR DECISION MADE RECOMMENDATION OR DECISION MADE ttCF�+Ir�Cv►w:Wi54rH,M BY THE CITY COMMIS 10 N W ITH RESPECT BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS TO ANY MATTER CONSIDERED AT THIS MEETING, YOU WILL NEED A RECORD OF TIME MEETING, YOU WILL NEED A -RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, PROCEEDINGS, AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT AVERBATIM YOU MAY NEED TO ENSURE THAT A �• � . RECORD OF THE PROCEEDINGS IS MADE VERBAT RECORD OF THE PROCEEDINGS IS UPON WHICH THE APPEAL IS BASED. MADE UPON WHICH THE APPEAL IS BASED. LEGAL DESCRIPTION LEG W 1 088 FT OF LOTS 14 + 21 N Of ROAD SEC S-21-31. PHILIP A YONN E GRANT P3 7 FG 30 ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING URBAN BEAUTIFICATION; AMENDING CHAPTER 2, DIVISION 4 OF THE CITY CODE TO DELEGATE TO THE CITY MANAGER THE RESPONSIBILITY OF COORDINATING THE CITY'S URBAN BEAUTIFICATION EFFORTS WITH CITY STAFF, VARIOUS CITY BOARDS AND COMMITTEES WITHIN THEIR RESPECTIVE ASSIGNED AREAS OF RESPONSIBILITY AND JURISDICTION, AND OTHER PARTIES DEEMED APPROPRIATE BY THE CITY MANAGER; PROVIDING FOR THE DISSOLUTION OF THE CITY'S BEAUTIFICATION BOARD; 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, currently the City operates an urban beautification division within the Community Development Department; and WHEREAS, in addition, the City also currently has several boards and committees that have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction including the Parks and Recreation Advisory Committee, the Bicycle and Pedestrian Advisory Committee,the Tuscawilla Lighting and Beautification Advisory Board, and the Oak Forest Wall Advisory Board; and WHEREAS, the City's Beautification Board was created in 1989 pursuant to Ordinance No. 459 to assist the City in its beautification efforts; and WHEREAS,the City Commission recognizes that the BOWS Board has made significant contributions to the City's beautification efforts over the years and the City Commission wishes to thank all past and current BOWS board members for their dedicated service; and WHEREAS, the City Commission finds, however, that since the BOWS Board was created in 1989, the City has grown tremendously in terms of population and geographical size; and City of Winter Springs Ordinance No. 2012-11 Page 1 of 5 WHEREAS, because of this growth, the City's beautification efforts and responsibilities have become more complex and time consuming to manage; and WHEREAS, because of the complexities involved in managing the City's overall beautification efforts on a day-to-day basis, the City Manager has, especially in more recent years, been primarily responsible for coordinating the efforts of the urban beautification division and the various boards and committees, and the role of the City's Beautification Board has correspondingly diminished; and WHEREAS, for purposes of eliminating redundancy and streamlining the management of the City complex beautification efforts and needs, the City Commission desires to amend the City Code to codify past City practices and dissolve the City's Beautification Board; 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 reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 2, Division 4 of the City Code is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions): DIVISION 4. -URBAN BEAUTIFICATION BOARD Sec. 2-76.-C-rePurpose and Intent. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS") The purpose of this Division is to emphasize the city commission's commitment to urban beautification throughout the city. The commission recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assigned by city code, the city commission and city manager. It is the intent of this division to promote urban beautification within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. •Scc T — • •• • • • • • , • • • • •• • • . •• • •• . City of Winter Springs Ordinance No.2012-1 1 Page 2 of 5 2 42. Sec. 2 78. -- • • - ---- - - 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 commission. Sec. 2-79-7. — City Manager's Duties; Use of Existing City Boards and Committees expenditures. (a) The Beautification of Winter Springs Board city manager 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 natural beauty of the city including the city's master beautification plan. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on it's the city manager's own initiative in regard to the beautification and cleanliness of city properties. To the extent deemed necessary and appropriate by the city manager,the city manager may assign these responsibilities to the city staff including city's urban beautification division within the community development department. (b) The city manager is authorized to cooperate 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. In addition, the city manager is authorized, to the extent deemed necessary and appropriate,to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city,provided said use of the board or committee falls within the general scope of authority or jurisdiction assigned to the board or committee by the city commission. (b) The members of BOWS shall be compensated in accordance with the manner and proced+we set down by the city commission. Sec. 2-788. - Master beautification plan; recommendations to city commission. (a) It is the purpose of the Beautification of Winter Springs Board to The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No.2012-11 Page 3 of 5 Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the This-beard d city shall work with the various city boards and committees, as well as other civic groups and governmental agencies operating within the environmental limits of the city, to promote and enhance such as the following: (1) Beautification efforts relevant to and recognized by "pproacl e3 to the city including, but not limited to, beautification special assessment areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) BOWS The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests., but shall refrain from 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 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 the City Charter. City of Winter Springs Ordinance No. 2012-11 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springsf.. lorida, in a regular meeting assembled on the 10th day of September, 2012. / -: ' C ALES LA r, , AT a T: . f AN ►> aAwORENZO-LUACES W Jerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FORT Y OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: August 27, 2012 Legal Ad Published: August 30, 2012 Effective Date: See Section 6. City of Winter Springs Ordinance No.2012-11 Page 5 of 5