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HomeMy WebLinkAboutOrdinance 2002-28 Boards/Committees ORDINANCE NO. 2002-28 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OPERATION OF AND APPOINTMENT AND REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REMOVAL OF INCONSISTENT PROVISIONS WITHIN THE CITY CODE AND CITY ORDINANCES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission, through Ordinance number 2001-49, amended Chapter 2, entitled Administration, of the City Code of Ordinances 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; and WHEREAS, the City Commission desires to amend the City Code and City Ordinances to ensure regulations regarding boards and committees are consistent and not conflicting; 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 true and correct and are fully incorporated herein by this reference. Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2 is hereby amended as follows: (underlined type indicates additions and stIikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter City of Winter Springs Ordinance No. 2002-28 Page 1 of 8 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 - Administration * * * Sec. 2-42. 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 . * * * (e) Term. Unless otherwise provided by state or federal law, ~AlI board and committee members shall be appointed to serve three-year terms and may be reappointed by the city commission for subsequent three-year terms without limitation. 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, the city commission may at its discretion appoint the first alternate member described below, or other qualified individual, whom shall serve the remaining portion of the unexpired term. (f) Absences. Unless otherwise provided by state or federal law, 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. Any meeting which is cancelled, other than for a 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. City of Winter Springs Ordinance No. 2002-28 Page 2 of 8 (g) Chairmanships. Unless otherwise provided by state or federal law. eEach board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards and committees shall make such elections at their regularly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy-chairperson. * * * Sec. 2-57. Membership; appointment; qualifications, tel illS. The code enforcement board shall consist of seven (7) members to be appointed by the city commission. Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. * * * Sec. 2-78. Organization; meetings. The Beautification of Winter Springs Board shall conduct such meetings as may be necessary to properly perform its duties and functions and shall establish rules 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 (where applicable). the City Code or direction of the City of Winter Springs Ordinance No. 2002-28 Page 3 of 8 City Commission. Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code Chapter 14 is hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 14 - Personnel * * * Sec. 14-52. Board of trustees. ( a) There is hereby created and established a board oftrustees consisting offive (5) members who shall be appointed by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. Vacancies in the board shall be filled by the city commission member whose seat number corresponds with the vacant board seat subiect to commission ratification, for the unexpired term of such vacancy. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subiect to the ratification by the city commission. (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. The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. Section 4. Chapter 18 Code Amendment. The City of Winter Springs Code Chapter 18 is hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2002-28 Page 4 of 8 Chapter 18 - Taxation * * * Sec. 18-55. Creation of advisory committees. * * * (d) Unless otherwise provided by resolution of the city commission: (1) Each initial member of an advisory committee shall be nominated (one each) by the city commission; however each nominee shall be confirmed by majority vote ofthe entire city commission; (2) Two (2) members ofthe advisory committee first appointed, by the commissioners from seats 2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year terms; the successors of the original appointees shall be appointed for terms of three (3) years. in accordance with Chapter 2 of the City Code; vacancies in the committee shall be filled by the city commission member whose seat number corresponds with the vacant board seat subiect to commission ratification. for the unexpired term of such vacancy. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires. that seat will be filled by the mayor. subiect to the ratification by the city commission. (3) Each advisory committee shall have the authority to determine its own rules and procedures, 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; (4) Each advisory committee shall designate from its members one person who shall serve as the official liaison between the advisory committee and the city; such liaison shall direct all formal communications to the city manager regarding the business of the advisory committee; (5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and in all ways conducted in conformance with all government in-the-sunshine and open public-records laws; City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 (7) Each advisory committee shall meet not less than once quaterly. Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code Chapter 20 is hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 20 - Zoning * * * Sec. 20-53. Term; filling vacancies; removal of members. Each member appointed shall serve as provided in Chapter 2 of the city code. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant planning and zoning board seat subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the city code. Sec. 20-54. Reserved * * * Sec. 20-78. Term; filling vacancies; removal of members. City of Winter Springs Ordinance No. 2002-28 Page 6 of 8 Each member appointed shall serve for a term as provided in Chapter 2 of the code of ordinances. Vacancies on the board may be filled by the commission member whose seat number corresponds with the vacant board of adjustment seat, subject to commission ratification. If any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the ratification by city commission. Members shall be subject to removal from office as provided in Chapter 2 of the City Code Sec. 20-79. Reserved Section 6. 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 7. 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. Section 8. 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 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City Charter. City of Winter Springs Ordinance No. 2002-28 Page 7 of 8 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of September , 2002. PAUL P. PARTYKA Mayor Al\TEST: ANDREA LORENZO-LUACES Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: September 9, 2002 Second Reading: September 23, 2002 Effective Date: September 23, 2002 F:\Docs\City of Winter Springs\Ordinances\Board Committee Ordinance.wpd City of Winter Springs Ordinance No. 2002-28 Page 8 of 8 CITY OF WINTER SPRINGS I AMENDMENT TO THE CITY CODE The Citv of Winter Springs proposes to adopt the follow ing Ordinance, as stated be low: ORDINANCE NO. 2002.28 I AN ORDINANCE OF THE CITY COM. MISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE OPERATION OF AND APPOINT. MENT AND REMOVAL OF AP POINTED MEMBERS TO CITY BOARDS ANO COMMITTEES' PRO. VIDING FOR THE REMOVAL OF IN. CONSISTENT PROVISIONS WITHIN THE CITY CODE AND CITY ORDI NANCES; PROVIDING FOR THE RE. PEAL OF PRIOR INCONSISTENT OR. DINANCES AND RESOLUTIONS' PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance No. 2002-28 will be held on September 23, 2002 at 6:30 p.m. or soon thereafter, at the Commis- sion Chambers, Citv of Win- ter Springs Citv Hall, 1126 East State Road 434, Winter Springs, Florida. Interested parties mav appear at the Meeting and be heard re- garding this matter. Interested parties between 8 a.m. and 5 p.m. mav inspect the proposed Ordinance, Mondav through Fridav, at the Office of the Citv Clerk at 1126 East State Road 434, Winter Springs, Fiorida_ For more information call (407) 327-1800 #227. Persons with disabilities needing as- sistance to participate in anv of these proceedings should contact the Emplov- ee Relations Department Coordinator, 48 hours in ad- vance of the meeting at (407) 327-1800 #236. This is a Public Hearing. If you de- cide to appeal any decision made bv the Citv Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal is based. Andrea Lorenzo-Luaces Citv Clerk CORL4660030 Sept. 13,2002 Orlando Sentinel Published Daily State of Florida County of Orange Before the undersigned authority personally appeared BEVERLY C. SIMMONS , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ORLANDO in ORANGE County, Florida; that the attached copy of advertisement, being a CITY Of WINTER SP in the matter of ORDINANCE 2002-28 in the ORANGE Court was published in said newspaper in the issue; of 09/13/02 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ORLANDO in said ORNAGE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 13 day of SEPTEMBER , 2002, by BEVERLY C. SIMMONS who is personally known to me and who did take an oath. DEBORAH M. TONEY My Comm Exp 11/18/2005