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Home My WebLink About02-18-2008 CEB Agenda Items - Possible Review by late Tuesday afternoon?Page Andrea Lorenzo-luaces From: Andrea Lorenzo-luaces Sent: Monday, February•18, 2008 7:05 PM To: Kate Latorre Cc: Anthony Garganese; Ron McLemore Subject: RE: CEB Agenda Item - Possible Review by late Tuesdayafternoon? Attachments: 2008 02 25 Appointment to CEB REV 021808.doc Thanks so much Kate. Good point on the Code excerpts. Yesterday when I was putting the Agenda Item together, for some reason, I could not get to our Code on our website nor could I access our Code on Municipal Code's website, so I copied the text from our imaged Ordinance as a way of saving time from retyping the Code. As suggested, I simplified the Agenda Item and it is attached. Thanks very much for reviewing this revised Agenda Item and if ok, please advise. Thank you, Aur red Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluaces@winterspringsfl.org Florida Association of City Clerks Central East District Director From: Kate Latorre [mailto:klatorre@orlandolaw.net] Sent: Monday, February 18, 2008 3:29 PM To: Andrea Lorenzo-luaces Cc: Anthony Garganese; Ron McLemore Subject: RE: CEB Agenda Item - Possible Review by late Tuesdayafternoon? Andrea: While you are correct that the moving up of alternates is not addressed by the statutes, section 2-42(e) of the City Code provides that in the event a member vacates their appointed position for any reason, the City Commission, at its discretion, may "appoint the first alternate member ... or other qualified individual' to serve the remaining portion of an unexpired term. Thus, the Commission is not bound to appoint the first alternate simply because there is a regular position open. The decision of who to appoint to fill the Code Board's vacancy is left solely to the Commission. The Commission may move an alternate to the regular position, or it may appoint a new person altogether. They are not required to appoint an alternate and are not ratifying anything. Also, please note that Ordinance 2001-49 does not encompass the entire section 2-42 of the City Code as it exists today. It would be better practice to refer to the City Code sections themselves and not individual ordinances unless you are certain that no subsequent revisions have been adopted. If you desire to attach the relevant code provisions to your agenda item, please attach the City Code section 2-42 taken directly from the Code Book or from the Municipal Code Corporation website. 2/19/2008 Page 2 of 3 In the event the Commission does appoint the first alternate to the vacant regular position, the second alternate would be moved to the first alternate position. Section 2-42(h), pertaining to alternate board members, provides that if a first alternate is appointed to a regular board member position, the next alternate in line shall be moved up to the first alternate position. If this is the route the Commission takes, it would ultimately need to appoint a new individual to the second alternate position. I recommend simplifying the "considerations" portion of your agenda item to advise the Commission that a regular CEB position is open, an appointment needs to be made, and it may or may not be a current alternate. You can provide excerpts of subsections (e) and (h) of section 2-42. I'd be happy to look it over again before the agenda deadline. As to tomorrow's meeting, the first alternate should fill in for the vacant position until a permanent appointment is made by the Commission next week (if first alternate absent, second alternate should fill in for vacancy). it is not up to the Code Board itself to fill the position permanently and it should take no such action. Please let me know if you have any additional questions regarding this issue. Kate Latorre, Esq. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.oriandolaw.net Email: klatorre.@_orlandolaw net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." 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From: Andrea Lorenzo-luaces[mai Ito: al uaces@winterspringsfl.org] Sent: Sunday, February 17, 2008 3:09 PM To: Kate Latorre Cc: Anthony.Garganese; Ron McLemore Subject: CEB Agenda Item - Possible Review by late Tuesdayafternoon? Hi Kate, I reviewed Florida Statutes 162 to see if there was any different wording (could not find any) related to the moving up of Alternates (to fill permanent openings) by the "Local Governing Body" which we know is the City Commission, and put together the attached Agenda Item for an Appointment to replace Alisa Kamon. As far as I could tell, the Statutes do not specifically address the moving up of Alternates after there is a permanent opening on the Code Enforcement Board. Ordinance 2001-49 addresses it as "...or is appointed a regular board member' which makes me think the City Commission should ratify the moving up of Alternates and make an actual Appointment(s). So, to be on the safe side, I thought that we should note the moves in an Agenda Item and ask the City 2/19/2008 Page 3 of 3 Commission to ratify the moving up of the 2 Alternates. Also, Ordinance 2001-49 does not specifically address this, but if the Mayor or a City Commissioner wanted to, I would suppose that they could appoint the 2nd Alternate to the current "opening" on the Code Enforcement Board if they wanted to, rather than moving up Alternate 1 as noted earlier: "...or is appointed a regular board member" and perhaps just appoint someone else to be a new 2nd Alternate? If so, then I would assume that this type of wording should be added to the attached Agenda Item considerations. If I could respectfully ask that you review this before the end of business this Tuesday, as the Code Enforcement Board meets Tuesday night, and they may feel that they can move the 2nd Alternate up to a permanent position, whereas it is really under the jurisdiction of the City Commission as the "local governing body" to make any permanent Appointments or moves. Thank you, Andrea Andrea Lorenzo-LUaces, CN1C City Clerk City of Winter Springs E11126 East State Road 434 Winter Springs, Florida 32708 W Telepbone: (407) 327-5955 AFacsimile: (407) 327-4753 'i email: aluaces0winter5pringsA.orq Florida Association of City Clerks Central East District Director Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e- mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 2/19/2008