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HomeMy WebLinkAbout06-20-2002 Mike Masters/Oak Forest Wall and Beautification Districe Advisory Committee.. NOW MAN & wEISS, P.A• BRAWN WARD, SALZ ATTORNEYS AT LAW — Usher L. Browter Suzanne D' Agresanese° Anthony A. Garg Gary S. Salzmano John H. Ward' Ieffrey S. Weiss Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott D. Danahy Theodore F. Greene, III Kristine R. Kutz Brett A. Marlowe Todd K. Norman Cheyenne R. Young *Board certified Civil Trial Lawyer -Board Certified Business Litigation Lawyer °Board Certified City, County & Looal Government Law The Honorable Paul P. Partyka and Members of the City Commission City of Winter Springs 1126 East S. R. 434 Winter Springs, FL 32708 June 20, 2002 Two Landmark Center n Street, Suite 660 225 East Robi Pot office Box 2873 Orlando, FL 32802"2873 (407)425-9566 (407) 425.9596 FAX Email: agarganese@orlandolaw.net Websiw www.orlandolaw.net Cocoa: 966-425-9566 RE: Mike Masters/Oak Forest Wall and Beautification District Advisory Committee Dear Mayor and Members of the City Commission: This letter is in response to the inquiry made at the last City Commission meeting regarding Mike Masters' position on the Oak Forest Wall and Beautification District Advisory Committee ("Oak Forest Committee"). As I understand this situation, Mr. Masters was absent from three (3) consecutive regular meetings of the Committee on February 14, 2002; March 14, 2002; and April 11, 2002 (See City Clerk's Advisory Board and Committee Member Attendance Schedule, dated June 7, 2002). Because Mr. Masters was absent for three consecutive regularly scheduled meetings of the Oak Forest Committee, a question was raised as to whether Mr. Masters is still a member ofthe Oak Forest Committee. The Oak Forest Committee was created pursuant to Ordinance No. 98-704. Section 2.02 of that ordinance provides it is grounds to remove any committee member if they fail "to attend three meetings in any one twelve month period." Furthermore, Section 2-42(f), Winter Springs Code, provides that any board or committee member incurring three (3) consecutive absences from any f w The Honorable Paul P. Partyka and Members of the City Commission June 20, 2002 Page 2 regularly schedu led meeting, shall be deemed automatically removed from the respective board or committee in which the absences have occurred. Because Section 2-42 is deemed "supplemental and in addition to" Ordinance 98-704, it is est my view that Mr. Masters was automatically removed from the Oak Fr the Committee ittee es apply upon his failure to attend the committee's April 11, 2002, regular meeting. Moreover, to any absence and do not allow an exception for "excused" absences. H was, the meetings. t entitled to attend as a member of the Oak Forest Committee any subsequentco mmitteeAccordingly, the City Commission should make ° e appointment to the Oak Forest Committee to fill the vacancy created by Mr. Masters. The requirements for board and committee appointments is set forth in Section 2-42, Winter Springs nd Section prohibit the eap2.02(B) i t of O d M� 98-704. Furthermore, I am unaware of any ordinance which would p Masters should the Commission desire to give him another chance to serve on the Oak Forest Committee. If you have any questions regarding this matter, I will be happy to answer them at the City Commission meeting scheduled for June 24, 2002. V t ly yours, Anthony A. Garganese City Attorney AAG:jf cc: Ronald W. McLemore, City Manager