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HomeMy WebLinkAbout2019 12 09 Regular 502 - Appointment Opportunities REGULAR AGENDA ITEM 502 1959 CITY COMMISSION AGENDA I DECEMBER 9, 2019 1 REGULAR MEETING TITLE Appointment Opportunities to the Bicycle and Pedestrian Advisory Committee, Board of Trustees, Code Enforcement Board, and the Parks and Recreation Advisory Committee SUMMARY The City Clerk wishes to inform the City Commission of upcoming Appointment opportunities to the following: Bicycle and Pedestrian Advisory Committee Board of Trustees Code Enforcement Board Parks and Recreation Advisory Committee The following is from the City of Winter Springs' Code of Ordinances, specifically, ARTICLE III. - BOARDS, COMMITTEES, COMMISSIONS DIVISION 1. - GENERALLY Sec. 2-41. - Appointments of boards and committees. (a) Purpose.The purpose of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent the provisions of this section conflict with other provisions of this Code, it is the intent of the city commission that the provisions of this section shall prevail. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: "Resident" shall mean any person living within the city limits at all times while serving on said board or committee, and at least six (6) months prior to being nominated, elected or appointed to the board or committee. (c)Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements, except as otherwise provided by state or federal law: (1) Complete a board or committee application as prescribed by the city commission; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) Has never been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction, any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. (d) Appointment of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty-day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (2) For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. (3) All appointments to a city board or committee are not effective until the appointment is ratified by majorityvote of the city commission. (4) A board or committee appointment shall not be construed as creating or conferring, upon a person, any right or interest in serving on a board or committee including, but not limited to a contract, liberty, property or vested right. (e) Removal of members. Board and committee members shall serve at the pleasure of the city commission and may be summarily removed at any time with or without cause. If a member is removed, or vacates their appointment for any reason, including death, excessive absences, or resignation, prior to the expiration of their term, such vacancies in the board shall befilled bythecitycommission memberwhose seat number corresponds with the vacant board seat subject to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (f)Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve four-year terms and may be reappointed for subsequent four-year terms. All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE The Bicycle and Pedestrian Advisory Committee is a five (5) Member Committee, which meets quarterly, typically on the third Wednesday of March, June, September, and December. The Term of Service for this Committee is four (4) years. The following pertains to the Bicycle and Pedestrian Advisory Committee: Sec. 2-43. - Bicycle and pedestrian advisory committee --Creation; composition; appointment of members. (a)Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee." (b)The committee shall have five (5) members and membership on the committee shall be in accordance with the terms of section 2-42 of this code except as expressly provided in this section. Effective April 27, 2015, the term of each committee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat, except that the committee member term shall expire on February 1 immediately following the expiration of the term of the corresponding city commissioner seat. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. The committee may additionally include ex officio members,who may or may not be residents of the city,who can provide technical support or expertise in any aspect of the committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for meetings.Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (c)Appointees to the committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d)The committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e)The committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f)The committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2-44. - Purpose and duties. (a)The purpose of the committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non-motorized transportation in the city. The committee shall perform the following duties: (1)Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. (2)Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. (3)Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the city. (4)Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. (S)Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmental agencies, and other organizations regarding trail, sidewalk and bicycle system planning and implementation. Bicycle and Pedestrian Advisory Committee Appointment Opportunity: SEAT FIVE: Seat Five - Commissioner Geoff Kendrick: Vacant Term Expires: February 1, 2021 [Partial Term] BOARD OF TRUSTEES The Board of Trustees is a five (5) Member Committee,which meets quarterly,typically on the second Thursday of February, May, August, and November. The Term of Service for this Committee is four (4) years. The following pertains to the Board of Trustees: ARTICLE III. - PENSION PLAN Sec. 14-52. - Board of trustees. (a)There is hereby created and established a board of trustees consisting of five (5) members who shall be appointed and removed as set forth in section 2-41. (b)The board of trustees shall meet no less than quarterly to review the performance of the pension plan and conduct such other business as the board deems appropriate and necessary. (c)The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. (d)Staggering of terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter all appointments shall remain staggered and shall be made for a term of four years. Board of Trustees Appointment Opportunity: SEAT FOUR: Seat Four - Commissioner TiAnna Hale: Seat currently held by Ms. Robin Paris - Does not wish to be Reappointed Current Term Expires: January 1, 2020 [Four (4) year Term] Once a new Appointment is made, New Term would then expire: January 1, 2024 CODE ENFORCEMENT BOARD The Code Enforcement Board is a seven (7) Member Board, which meets monthly, on the fourth Tuesday, beginning at 5:30 p.m. In accordance with Florida Statutes, the Term of Service for this Board is three (3) years. The Code Enforcement Board has specific criteria related to its membership, as noted below: Florida Statutes: 162.05 Local government code enforcement boards; organization. (1)The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2)Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards.Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body.The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. The following is an excerpt from the City's Code of Ordinances: Sec. 2-58. - Code enforcement board and special magistrates. o. Code enforcement board. (1) The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with section 2-41 of the City Code.Appointments to the board shall be on the basis of experience or interest related to the subject matter jurisdiction of the board. The membership of the code enforcement board shall be limited to residents of the city, and whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. (2) The members of the code enforcement board shall elect a chairman from among its members who shall be a voting member. The presence of four (4) or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage and per diem expenses as may be authorized by the city commission or otherwise as provided by law. (3) The members of the code enforcement board shall serve in accordance with the City Code and may be suspended and removed for cause as provided in section 2-41 of the City Code. In addition, if any member fails to attend two of three successive meetings without cause and without prior approval of the chair,the code enforcement board shall declare the member's office vacant and refer the vacancy to the city commission who shall promptly fill the vacancy. (4) Unless a code enforcement case has been assigned to a special magistrate in accordance with section 2-58(b)(5), or subject to a civil citation pursuant to subdivision B of this division 2, or otherwise being prosecuted by the city pursuant to some other lawful means, code enforcement officers shall notice code enforcement cases before the code enforcement board. (5) Unless otherwise directed by the city commission, the city attorney's office shall serve as counsel to the code enforcement board. (b) Speciol magistrates (1)The city commission may appoint one (1) or more special magistrates. Appointments shall be made in the sole discretion of the city commission in accordance with applicable law on the basis of experience or interest in the subject matter jurisdiction of the violations. (2)Appointments shall be made for a term of one (1) year and may be renewed annually. Special magistrates may be reappointed at the discretion of the city commission. Special magistrates may be suspended and removed with or without cause by the commission.Appointments to fill anyvacancy shall be for the remainder of the unexpired term. (3)Special magistrates shall be members of the Florida Bar in good standing for five (5) or more years. The special magistrate must demonstrate satisfactory knowledge of municipal law and the general procedures for enforcement of municipal codes, and must demonstrate a temperament suitable for the exercise of quasi-judicial powers vested in each special magistrate. Special magistrates shall not be city employees or officers. The city manager shall be responsible for negotiating and executing a contract on behalf of the city with the special magistrate and the special magistrate may be compensated at a rate to be agreed upon in the contract The contract will be in a form prepared and approved by the city attorney. (4)The city attorney may attend the code enforcement hearings conducted by the special magistrate and represent City staff in the presentation of cases, or the code enforcement officer may present cases, at the option of the city manager depending upon the substance and complexities of any given case. To the extent necessary and consistent with the city's interests to ensure compliance with City Codes, the city attorney will defend final orders of the special magistrate which are appealed by violators to a court of competent jurisdiction. (5)Special magistrates shall handle code enforcement cases expressly required by the City Code, or cases noticed for hearing by a code enforcement officer, provided the city manager has authorized the code enforcement officer to notice a particular case before a special magistrate. Type of employment of the current Code Enforcement Board Members: • Michael Burns - Computer Technology/Analyst • Matthew Criswell - Business Owner/Roofing Contractor • Carole Giltz - Retired/Teacher • Maurice Kaprow - Retired /School Administrator • Dennis Robinson - Retired/Business • Vacant • Vacant Code Enforcement Board Appointment Opportunities: SEAT TWO: Seat Two - Commissioner/Deputy Mayor Kevin Cannon: Vacant Term Expires: July 2022 [Partial Term] SEAT FIVE: Seat Five - Commissioner Geoff Kendrick: Vacant Term Expires: July 2022 [Partial Term] PARKS AND RECREATION ADVISORY COMMITTEE The Parks and Recreation Advisory Committee is a nine (9) Member Committee, which meets quarterly, typically on the first Tuesday of February, May, August, and November. The Term of Service for this Committee is four (4) years. The following pertains to the Parks and Recreation Advisory Committee: Sec. 2-45. - Parks and recreation advisory committee --Creation; composition; appointment of members. (a)Pursuantto Recreation and Open Space Element Policyl.1.2 of the city's comprehensive plan, the city hereby creates a Parks and Recreation Advisory Committee. (b)The committee shall have nine (9) members and membership on the committee shall be in accordance with the terms of section 2-42 of this Code except as expressly provided in this section. Effective April 27, 2015, the term of each committee member assigned by seat number shall be retroactively staggered to run concurrently with the same corresponding city commissioner seat, except that the committee member term shall expire on February 1 immediately following the expiration of the term of the corresponding city commissioner seat. The four at-large committee members shall be retroactively staggered whereby the first two at-large committee members, currently serving on the committee on April 27, 2015 and identified by alphabetical order of their respective last names, shall have a term that expires on November 1, 2017 and the remaining two at-large committee members shall have a term that expires on November 1, 2019. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. The membership of the committee shall, whenever possible, include the following: (1)An active member of the Winter Springs Senior Association; (2)An active member of a youth sports organization or program; (3)An individual who is active in planning or assisting with special events of the city; (4)An individual who is active in an adult sports organization or program; (5)An individual who uses or accompanies children in the use of city playgrounds; (6)An active member of a conservation group or agency, or an individual with experience in the use of parks for public purposes; (7)An individual who participates in or supervises children who participate in the city's summer program(s), civic center program(s), camp(s) or other similar program(s). (8)An individual who is active in fundraising efforts; (9)An individual with general interest in parks and recreation. (c)Appointees to the committee shall have knowledge and experience or interest in the planning and implementation of city parks and recreational facilities, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d)The committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e)The committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f)The parks and recreation advisory committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2-46. - Purpose and duties. (a)The purpose of the parks and recreation advisory committee is to promote park and recreation programs of the city and to recommend to the parks and recreation director, as well as other city staff and the city commission as needed, policies and actions to promote, plan, design, construct and utilize city parks and related special events, fundraising and recreation programs. The committee shall perform the following duties: (1)Advise and assist the parks and recreation director, as well as other city staff and the city commission as needed, in matters involving or affecting city parks and recreation; (2)Keep the parks and recreation director, as well as other city staff and the city commission as needed, informed of the status and progress of recreational and parks services, plans, special events, fundraisers and activities; (3)Advise and make recommendations to the parks and recreation director, as well as other citystaffand the city commission as needed, regarding the promotion of citizen participation in recreation and park programs and distribution of information about leisure activities offered by the city; and (4)Assist the parks and recreation director, as well as other city staff and the city commission as needed, in the implementation of the goals, objectives and policies of the Recreation and Open Space Element of the city's comprehensive plan. Parks and Recreation Advisory Committee Appointment Opportunity: AT LARGE: Vacant Seat Term Expires: November 1, 2021 [Partial Term] RECOMMENDATION Staff is recommending that any Appointments be made should it be the will of the Mayor and City Commission: BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE: SEAT FIVE: Seat Five - Commissioner Geoff Kendrick: Vacant Term Expires: February 1, 2021 [Partial Term] REGULAR AGENDA ITEM 502 1 MONDAY, • • OF 11 BOARD OF TRUSTEES: SEAT FOUR: Seat Four - Commissioner TiAnna Hale: Seat currently held by Ms. Robin Paris - Does not wish to be Reappointed Current Term Expires: January 1, 2020 [Four (4) year Term] Once a new Appointment is made, New Term would then expire: January 1, 2024 CODE ENFORCEMENT BOARD: SEAT TWO: Seat Two - Commissioner/Deputy Mayor Kevin Cannon: Vacant Term Expires: July 2022 [Partial Term] SEAT FIVE: Seat Five - Commissioner Geoff Kendrick: Vacant Term Expires: July 2022 [Partial Term] PARKS AND RECREATION ADVISORY COMMITTEE AT LARGE: Vacant Seat Term Expires: November 1, 2021 [Partial Term] OTHER MAYOR/COMMISSION APPOINTMENTS: Included in this Agenda Item is the ability for the Mayor and/or any City Commission Member to make any other Appointment(s) that are deemed pertinent. If any Appointment(s) are not made at this Meeting, subsequent Agenda Items can be brought forward on upcoming City Commission Meeting Agendas.