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Home My WebLink About10-23-2008 Advisory Committee QuestionsPage 1 of 2 Danielle Harker From: Andrea Lorenzo-luaces Sent: Thursday, October 23, 2008 5:08 PM To: 'Kate Latorre' Cc: _City Clerk Department Subject: RE: Advisory Committee Questions Kate, We appreciate your assistance! Thank you, Andrea Andrea Lorenzo-Luaces, MMC City Clerk City of Winter Springs 01126 East State Road 434 Winter Springs, Florida 32708 UTelephone (407) 327-5955 AFacsimile: (407) 327.4753 '.•' email: aluacesfiwinterspritl S .of ` Please consider the environment before printing this email. From: Kate Latorre(mailto:klatorre@orlandolaw.net] Sent: Thursday, October 23, 2008 5:02 PM To: Andrea Lorenzo-luaces Cc: ]ennette Farris Subject: RE: Advisory Committee Questions Andrea There's no right or wrong answer to the scenario you present regarding Ms. Hotchkiss' absences. The Code is silent as to how the rules should apply when a board changes from monthly to quarterly. Given the fact that the Oak Forrest Board has only had one meeting since it changed to a quarterly meeting schedule, I would advise that you give her the benefit of the doubt, and not count the July 2008 and October 2008 absences as consecutive absences. She could arguably be automatically removed under a strict interpretation of the Code though. If you haven't already, the recording secretary for the Oak Forrest Board should advise board members during the next meeting about the strict attendance policy given their quarterly meeting schedule -- even a reminder would be appropriate if you've already discussed the issue. You are correct in your second question that Ms. Hotchkiss, Ms. Converso and Mr. Patten cannot miss another meeting within a year of their October absences. Another absence would trigger automatic removal. Please let me know if you have any further questions. Kate Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law I I I N. Orange Avenue, Suite 2000 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: klatorre121orlandolaW :net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential 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. From: Andrea Lorenzo-luaces[mailto:aluaces@winterspringsfl.org] Sent: Friday, October 17, 2008 12:05 PM To: Kate Latorre Cc: )ennette Farris Subject: Advisory Committee Questions Hi Kate, Just wondering if you could assist with a couple of Advisory Board and Committee attendance questions: Please see the following excerpt from Ordinance 2005-31, as shown highlighted: Sec. 2-42. Appointments of boards and committees. Absences. Unless otherwise provided by state or federal law, or for boards and 10/27/2008 Page 2 of 2 committees that regularly meet on a quarterly or less frequent basis. any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve-month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis. the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) 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. The Oak Forest Wall and Beautification District Advisory Committee, after their July Meeting, went to quarterly meetings. Member Sharon Hotchkiss by being absent at the March Meeting, was one that caused that March meeting to be cancelled. Then, Ms. Hotchkiss was absent from the July Meeting. Ms. Hotckiss again did not attend the meeting last week, which meant she and others caused that meeting to be cancelled. Ms. Hotchkiss' previous last absence before 2008 was in August 2007. Question: Would you say that as this Advisory Committee just recently went Quarterly, that the absences shown below for Ms. Hotchkiss in October cannot be "co - mingled" for lack of a better word with the absences when the Committee was meeting monthly? Therefore, Ms. Hotchkiss would not be automatically removed? Also, based on the absence at the October Meeting which had to be cancelled due to a lack of a quorum, Ms. Hotchkiss, and also Ms. Converso and Mr. Patten cannot miss another Regular Meeting in the next I I months, or they will be automatically removed due to this same section highlighted above? CITY OF WINTER SPRINGS, FLORIDA OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE ATTENDANCE - 2008 NAMEOF FWABDAC O ADVISORY COMMITTEE 01/10/08 02/14/08 03/13/08 04/10/08 05/08/08 06/12/08 07/10/09 WENT TO 10/9108 MEMBER REGULAR REGULAR REGULAR REGULAR REGULAR REGULAR REGULAR QUARTERLY REGULAR CONVERSO, PRESENT/ ___ _ MEETING CANCELLED r n` T T .4 DSE. rr�„nr•+ OLIVER, I I __. _... I PRESENT/ I ^T^ I CMEETING ANCELLED PATTEN, I I I AR.S'ENr% I _____ _ I CANCELLED MEETING HO HA ON I PRESENT PRESENT 4U1 QUOR17M I PRESENT I CANCELLED STAFF PRESENT PRESENT .9GSYi.h7 NO [)LIORtii} Thank you, Andrea Andrea Lorenzo-Luaces, MMC City Clerk City of Winter Springs 21126 East State Road 434 Winter Springs, Florida 32708 'Telephone: (407)327.5955 Facsimile: (407) 327-4753 email. aluaces wintersprinasti.org Please consider the environment before printing this email. i t:onfrci.ntir,'ly Not. Trn, r, ma . and any aftaoirn .a;<: it, conta ne nforr.at!nn "ItIrldtid 1,11y I., the us:. of t n.f !i!,al .1 or entity Ch-led on In r r tl 1, try wad,", of to c 0a not thi,. cr,p:tirii. it im oyw.(!! , reGo.r>citio for delivering it to the intended recipiunl you are hereny 1)otd1W Irat readn!g A rn a!n fly prohibited. 11yo.i Pave eecelaed the E-mail n .,nu pl a ^+r+•e+1:� ey !Minn it. the �., de: ;ar cl del ._ t'rc o.r y:.t: If y,�: 10/27/2008