HomeMy WebLinkAbout2010 05 10 Public Hearings 502 First Reading Of Ordinance Number 2010-14 Revises Portion Of The City Code And Amends Uniform Requirements For Boards And Committees COMMISSION AGENDA
Informational
Consent
ITEM 502 Public Hearings X
Regular
May 10, 2010
Regular Meeting M r. / Dept.
Authorization
REQUEST:
The City Attorney and the City Clerk request that the City Commission consider the First
Reading of Ordinance Number 2010 -14, which revises portions of the City Code and amends the
existing uniform requirements for City boards and committees.
EXECUTIVE SUMMARY:
The City Commission met on February 1, 2010 in a Workshop and reviewed the City's
existing boards and committees. During the discussion, the Mayor and City Commission
suggested several City Code revisions related to the City's boards and committees which include,
but are not limited to, the following: Provide for four -year, staggered terms of office, term limits,
seat assignments, and no longer compensate board and committee members for attendance at
official meetings.
CONSIDERATIONS:
1. The City of Winter Springs has a number of active boards and committees, which serve
the City Commission and all the citizens of Winter Springs. Currently, the City boards
and committees are:
Beautification Of Winter Springs Board Quarterly meetings
Board Of Trustees Quarterly meetings
Code Enforcement Board Monthly meetings
Districting Commission (Meets every three years) Monthly meetings
Oak Forest Wall And Beautification District Advisory Committee Quarterly meetings
Planning And Zoning Board/Local Planning Agency Monthly meetings
Tuscawilla Lighting And Beautification District Advisory Committee Quarterly meetings
CITY OF WINTER SPRINGS, FLORIDA
CITY COMMISSION
REGULAR MEETING - MAY 10, 2010
REGULAR AGENDA ITEM "502"
PAGE 2 OF 2
2. Pursuant to existing City Code, City board members receive $25.00 for every board
meeting they attend. Ordinance 2010 -14 will remove board member compensation.
3. Additionally, there are currently no term limits for City board and committee members.
Ordinance 2010 -14 will impose a restriction to three full terms of office, which mirrors
City Commission term limits.
4. Currently, City board and committee members serve three -year terms of office. Ordinance
2010 -14 will change the length of member terms to four years, which will match the
terms of office of City Commissioners.
5. Currently, the Code Enforcement Board is the only City board that has alternate members.
Ordinance 2010 -14 provides that all City boards and committees may include alternate
members, at the discretion of the City Commission.
6. Ordinance 2010 -14 provides that all City boards and committees will contain at least five
seats, which correspond with seats of the City Commissioners.
7. Ordinance 2010 -14 provides that all City board and committee members will have
staggered terms of office. Currently, all Board of Trustee members have simultaneous
terms of office. The ordinance will establish staggered terms of office for this Board.
FISCAL IMPACT:
No funding requirements are tied to the approval of this Agenda Item. However, if this
Ordinance is approved, for the next fiscal Budget, the City will save approximately $6,875.00
from previous years.
RECOMMENDATION:
The City Attorney and the City Clerk request that the City Commission consider the First
Reading of Ordinance Number 2010 -14 and if acceptable, approve and move it to a Second
Reading which will tentatively be scheduled for May 24, 2010.
ATTACHMENTS:
A: February 1, 2010 City Commission Workshop Minutes
B. Ordinance 2010 -14
ATTACHMENT
"A"
CITY OF WINTER SPRINGS FLORIDA
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Incorporated
1959
CITY COMMISSION
MINUTES
WORKSHOP
MONDAY, FEBRUARY 1, 2010 - 6:00 P.M.
CITY HALL — COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor John F. Bush
Commissioner Jean Hovey - Seat One
Deputy Mayor Rick Brown - Seat Two
Commissioner Gary Bonner - Seat Three
Commissioner Sally McGinnis - Seat Four
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 2 OF 7
CALL TO ORDER
The Workshop of Monday, February 1, 2010 of the City Commission was called to Order by Mayor John F. Bush
at 6:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Mayor John F. Bush, present
Deputy Mayor Rick Brown, present
Commissioner Jean Hovey, present
Commissioner Gary Bonner, present
Commissioner Sally McGinnis, arrived at 6:33 p.m.
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
INFORMATIONAL AGENDA
INFORMATIONAL
100. Office Of The City Manager
Requests That The City Commission Consider The Information In This Agenda Item And Begin
Discussions/Review Regarding The On -Going Viability Of Each City Advisory Board And Committee.
City Manager Kevin L. Smith began the discussion on the City's Advisory Boards and Committees.
Beautification of Winter Springs Board:
Mr. Steve Richart, Urban Beautification Division Services, Community Development Department gave some
background information on the Beautification of Winter Springs Board. Discussion ensued on the Terms of
Office; projects this Board is involved with; Neighborhood Improvement Grant Program requests; and that this
Board is involved with the selection of Holiday decorations.
Related to the selection of Holiday decorations, Deputy Mayor Rick Brown asked, "At some point can we see a
number of what it would cost to replace those pole lights — the soldiers." Mr. Richart noted, "They are about,
anywhere from a hundred to a hundred and fifty dollars ($100.00 - $150.00) apiece, depending on the complexity.
Right now we need about fifteen (15) of them." Deputy Mayor Brown added, "I think you probably need more
than that." Mr. Richart then said, "I can come back with a comprehensive list if you would like."
Mayor Bush suggested, "Put it in your Budget." Manager Smith inquired, "If that's something that is important to
this Commission, we can put it in the Budget and we'll discuss it during the Budget cycle. Is that agreeable ?"
Mayor Bush said, "Yes." No objections were voiced.
Commissioner Joanne M. Krebs suggested the holiday decorations be replaced with Banners. Deputy Mayor
Brown added, "That would be a great idea." Mayor Bush suggested the Beautification of Winter Springs Board
consider this and added, "It is a good idea." Deputy Mayor Brown recommended green banners with wreaths on
them. Mr. Richart noted, "I can bring that as an option." Manager Smith added, "I believe we could do that for
significantly less dollars." Commissioner Krebs agreed.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 3 OF 7
Commissioner Gary Bonner asked if an Agenda Item related to donations, could go before the Beautification of
Winter Springs Board? Mr. Richart stated, "I think you are absolutely right."
Discussion followed on what this Board has been involved with; funding this Board; and Members of the City
Commission suggested that more Meetings could be scheduled and budgeted accordingly, and if not needed, then
Canceled. Further comments followed on other upcoming projects that the Beautification of Winter Springs
Board will be involved in; water conservation; and compliance with the Tree City USA program.
Manager Smith suggested, "I think the Commission needs to ask themselves that question with each of these
Boards. Can we serve as this Board? Should we serve as this Board? Are we better served by having an
Advisory group of citizens to help us in making those decisions ?"
Discussion.
❖ ❖ AGENDA NOTE: THE FOLLOWING TWO (2) ADVISORY COMMITTEES WERE
DISCUSSED SIMULTANEOUSLY NEXT, AS DOCUMENTED. • ❖
Oak Forest Wall and Beautification District Advisory Committee:
Tuscawilla Lighting and Beautification District Advisory Committee:
Mr. Richart presented background information on these Committees and the Assessment Districts.
Commissioner Sally McGinnis arrived at 6:33 p.m.
Deputy Mayor Brown asked if the Committees were still needed and suggested that perhaps Homeowner's
Associations could serve in this capacity. With further discussion, Mayor Bush inquired what the debt of the
Tuscawilla Lighting and Beautification District is currently? Mr. Richart noted, "I could find that out."
Discussion followed on Homeowner's Associations and Assessment District Funds and what the Funds cover.
Mr. Kip Lockcuff, P.E., Director, Public Works/Utility Departments suggested it may need to be revisited and
added, "Originally, those Assessment Districts transferred money to the General Fund to pay General Fund
costs." Deputy Mayor Brown said, "So, there should be no additional costs ?" Manager Smith stated, "If there is,
we need to adjust the allocation."
City Attorney Anthony A. Garganese commented on the City Commission's annual Assessing of the Rolls.
Commissioner Bonner recommended that Manager Smith look at the "Allocation or the portion of the Assessment
that is being funded into the City, is it covering the cost? My guess is there probably has been no CPI (Consumer
Price Index) adjustment." Manager Smith stated, "Will do."
Discussion followed on the management of the Assessment District and what percentage of the Assessment
Districts cover Staff salaries. Mayor Bush suggested the Manager review the Assessment covering Staff salaries.
Board of Trustees:
Manager Smith gave an overview of the Board of Trustees.
Tape 1 /Side B
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 4 OF 7
Discussion followed on the City's Pension Plan, and actuarial services. Manager Smith stated, "It would be my
recommendation that we move forward with our new actuarial firm to provide at least the core basis for those
recommendations and work with your Board of Trustees to come back to advise this Commission."
Commissioner Krebs suggested, "As the person with the fiduciary responsibility, I want to see them here and I
want to be part of that meeting when and if there are recommendations or discussions regarding
recommendations." Manager Smith agreed and said, "Without a doubt."
With further comments, Mayor Bush remarked, "I think we should include the Board of Trustees one way or
another." Manager Smith added, "That will be coming back to you for consideration in the very near future."
Code Enforcement Board:
Captain Glenn Tolleson, Code Enforcement Bureau, Police Department presented basic information on the Code
Enforcement Board.
Discussion followed on recently added legal representation for this Board. Commissioner Krebs asked Attorney
Garganese to bring back a report from Kate Latorre, Assistant City Attorney on how she thinks the Code
Enforcement Board Meetings are going. Attorney Garganese nodded in agreement.
Further comments followed on a Meeting with the Chairperson; and revised scripts.
Next, Members of the City Commission discussed Term Limits, and assigning Seat assignments to Code
Enforcement Board Appointments. Attorney Garganese noted that such changes would be done via an Ordinance.
Commissioner Krebs suggested that Alternates would also need to be considered with such changes. Deputy
Mayor Brown stated, "I agree with you. I would like to see it being by Seat."
Deputy Mayor Brown also commented on his preference for term Limits. Mayor Bush remarked, "There is
Consensus here that Kevin (Smith) could work with Anthony (Garganese) on this." Manager Smith confirmed
the comments and noted, "Term Limits and Seat Appointments (for the Code Enforcement Board)."
Discussion followed on what the Term Limits should be. Commissioner Krebs and Commissioner McGinnis
suggested the Commission be given options.
Manager Smith commented, "We will bring it back as an item and give you all some time to think about it."
Furthermore, concurrent Terms with the City Commission was suggested as well as staggered terms.
Staggering the Terms of Office for the Board of Trustees was also briefly addressed. Commissioner Jean Hovey
and Commissioner Krebs agreed that they should also be staggered. Manager Smith agreed with consistency
across the Boards.
Further discussion.
Manager Smith asked the City Commission if they thought that Advisory Board and Committee Members should
continue to be compensated? Commissioner McGinnis suggested this practice be ended.
Discussion followed on Code Enforcement Board Meetings and practices.
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 5 OF 7
Districting Commission.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented background
information related to the Districting Commission.
Board of Adjustment:
Discussion followed on the Board of Adjustment with Mr. John Baker, AICP, Senior Planner, Community
Development Department.
Criteria; Waivers; and recommendations to the City Commission were addressed next.
Deputy Mayor Brown asked if the City Commission or the Planning and Zoning Board/Local Planning Agency
could handle matters that might come before the Board of Adjustment. Discussion ensued on whether this Board
was needed. Deputy Mayor Brown suggested, "Maybe we could ask the City Manager to bring through the
abolition of this board on Consent for the next Meeting." Commissioner Krebs stated "Okay." No objections
were noted.
Mr. Baker commented on encouraging residents to meet Code requirements.
Mr. Stevenson noted, "I would like the option as we prepare the Agenda Item — that we are able to review it in a
little bit more detail." Manager Smith stated, "Absolutely."
Manager Smith then explained, "We will come back with an Agenda Item to the Commission, to consolidate, I
believe is the direction the Board of Adjustment with the Planning and Zoning Board( /Local Planning Agency)."
Commissioner Bonner said, "Well said." No objections were voiced.
Planning and Zoning Board /Local Planning Agency:
Mr. Stevenson gave an overview on the Planning and Zoning Board/Local Planning Agency.
Amendment 4 was briefly discussed.
Discussion followed on why some Boards and Committees have five (5) or seven (7) Members. Mayor Bush
commented on membership and suggested, "If P and Z (Planning and Zoning Board/Local Planning Agency),
which is probably one of the busiest Boards we have, only has five (5), I don't think we need seven (7) on these
others." Manager Smith asked, "Would the Commission be of the mindset to immediately, maybe through
attrition, have no Reappointments to those two (2) Boards ?"
Mayor Bush suggested that most Boards have only five (5) Members.
With further comments on reducing the number of Board Members, Mayor Bush suggested, "I think through
attrition." Commissioner McGinnis noted, "I think that is the only way." No objections were voiced. Manager
Smith then also suggested, "If that is the Commission's pleasure, I would recommend we do it through attrition."
Mayor Bush added, "You have to do an Ordinance too, wouldn't you, to change these — well maybe that is
something that should come back for the Commission to discuss and Vote on."
Next, Commissioner McGinnis suggested a Senior Center Committee could be helpful.
Tape 2 /Side A
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 6 OF 7
Mr. Stevenson mentioned two (2) new Advisory Boards that need to be formed as documented in the City's
Comprehensive Plan.
Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department commented on a new
Advisory Board related to Trails.
Costs related to Staff time were addressed next.
Discussion followed on the make -up of the Committee Members, including a possible student member; and what
funding is needed for these new Advisory Boards.
Commissioner Krebs suggested this come back at another City Commission Meeting for consideration.
Further discussion followed on the criteria for new Appointees. Commissioner Krebs asked when the next City
Newsletter would be going out; to which Manager Smith stated, "Sometime hopefully very soon." Commissioner
Krebs then noted, "If something like this did pass, that would be an opportunity as well to advertise for it." Mr.
Stevenson added, "I would think that when we bring an Agenda Item forward we would write part of that Agenda
Item with a - timeline as well as any requirements that we feel are necessary for Members — of this Board to have,
and we would bring that forward as a packet for consideration by the Commission at that point."
Commissioner Hovey mentioned safety and liability concerns if a student Member was considered. Deputy
Mayor Brown thought that any Advisory Boards that were involved in spending City funds, that such Members
should be adults.
Mr. Stevenson commented on Trail inter - connectivity with other cities and the County; and Commissioner
McGinnis noted that as it relates to Winter Springs, "When this comes back to us, I would be interested to know
how many miles of trails there are currently, and what is the projection for the potential for the future."
Mayor Bush suggested, "I would like to recommend that we consider not paying any new Committees, the
twenty -five (dollars) ($25.00) - and that we phase out the payment of the twenty -five (dollars) ($25.00) — as
people are replaced or their Term expires." Deputy Mayor Brown suggested, "Maybe the Manager can bring that
back as a Consent item as well ?" Commissioner Krebs suggested, "I think you should just phase the whole thing
out and not piece it out by person."
Manager Smith remarked, "Mayor, if we do that, can I recommend that maybe we do it at the end of a Fiscal
Year; maybe do it throughout this Fiscal Year, then cut it off?" Mayor Bush stated, "Yes. I think even these new
Boards shouldn't - go until the new Budget year. Because, again, even if we don't pay them, the Clerk's are
going to have overtime; she has got to factor that into her Budget, and present it."
Commissioner McGinnis recommended, "I don't think that we should phase out the twenty -five dollars ($25.00),
I think we just do away with it."
Manager Smith stated, "If that is the Commission's direction on the funding, I will incorporate that in our Budget
cycle, and when we have our Budget discussions I'll remind the Commission that we will not be moving forward
with funding of those Boards, and Andrea (Lorenzo - Luaces, City Clerk), if you could help me with the
recollection on that." Furthermore, Manager Smith explained, "In the Budget cycle for the upcoming Budget at
the end of this Fiscal Year, we will remove the funding for all the Boards. Any new Boards that are created, I
think it is this Commission's desire, not to pay those new Boards."
Discussion ensued on whether Commission Appointments be done by District Appointments or not.
Commissioner Krebs stated, "I think we can look at that and discuss this then."
CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - FEBRUARY 1, 2010 PAGE 7 OF 7
Mr. Chuck Pula, Director, Parks and Recreation Department commented on a new Parks and Recreation Advisory
Board and spoke on the merits of such a Board.
Discussion followed on balancing the Members; having a senior component on this Board; and that on this Board,
that there should probably be more than five (5) Members.
Mr. Pula also noted, "I think things can be covered - effectively, without meeting on a monthly basis." Deputy
Mayor Brown stated, "Yes." Commissioner McGinnis stated, "Good." No objections were voiced.
Commissioner Bonner departed the Workshop at 8:01 p.m.
Deputy Mayor Brown and Commissioner Krebs suggested this new Advisory Committee have nine (9) Members
and also suggested that Mr. Pula should advise the City Commission as to how many Members he thinks there
should be.
Attorney Garganese explained about a process that he and the City Manager were considering related to handling
"Administrative Appeals of interpretation decisions of the Building Official and the Fire Marshal."
In other City business, Mayor Bush mentioned the upcoming Tri- County League of Cities Luncheon Meeting and
to inform the City Clerk if anyone was going to attend.
ADJOURNMENT
Mayor Bush adjourned the Workshop at 8:02 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO - LUACES, MMC
CITY CLERK
APPROVED:
MAYOR JOHN F. BUSH
NOTE: These Minutes were approved at the , 2010 City Commission Regular Meeting.
ATTACHMENT
"B"
ORDINANCE NO. 2010 -14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE
UNIFORM REQUIREMENTS FOR CITY BOARDS AND
COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, amending the uniform requirements for City boards and committees will
streamline and provide efficiency for the City; and
WHEREAS, amending the uniform requirements for City boards and committees will be
economically efficient for the City; and
WHEREAS, the City Commission desires to appoint City board and committee members
to staggered terms; and
WHEREAS, the City Commission desires to appoint board and committee members to
corresponding seats; 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 hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapters 2 and 14
are hereby amended as follows: (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicates unchanged text that has been omitted from this Ordinance.
(It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
* **
. - - . 1 . ' 1 ' 1 1 1 1 1 1 1 ' 1 11 111 , 1 1 . 1 1 1 _
'
. • • • ••111/11••• .' 1 - - . • 1 • . - . • "I • : • ••, •1
VA
City of Winter Springs
Ordinance No. 2010 -14
Page 1 of 6
' •, .1 • _ s1 _ . i '
••
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.
(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 urzd rurnoroal 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 (30) 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.
City of Winter Springs
Ordinance No. 2010 -14
Page 2 of 6
(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 • • • • .. • •' • • . 1 • • • • • to acity boards
and- or committees are not effective until the appointment is ratified by majority vote 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. Or-board—or
. 1 / - : • • • • . • 1 1 A • • .. - . : • • 1 •, • • • .1 - 1 , :/ • - •
'• •1 _1 • •I:10 I - 1 1 .. - Dill :,•• • a, i. : • ',• 11. .
Dr v,..shxl ri 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 be filled by the city commission member whose 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.
('e) (f) Term. Unless otherwise provided by state or federal law, all board and committee members
shall be appointed to serve fourthree -year terms and may be reappointed for
subsequent fourthree -year terms . All board and committee members shall be
limited to three (3) consecutive full terms of office on any one board or committee. If a iuuub w iJ
• • •, • • . 1 .11111 1 • .A• 111 • • • • 1 1 , •
• L • • 1 , • • 1 • 1 . • 1 1 1 1 - • • 1 1 . . • • 1 . • 1 •
1 • 1 • • • • • 1 • • , 1 11 V i e t • . 1 1 1 ' • 1 : , •• •
• • •• • 1 • 111 11 •
(#) (a) Absences. Unless otherwise provided by state or federal law, or for boards and committees
that regularly meet on a quarterly or kas more 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.
(-g-)(h) Chairmanships. Unless otherwise provided by state or federal law, each 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
City of Winter Springs
Ordinance No. 2010 -14
Page 3 of 6
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.
lh) Alternate members. At the discretion of the city commission, two (2) alternate members may
be appointed to each City of Winter Springs board or commission, unless otherwise provided by law.
Alternate members shall be provided with all agendas and documentation provided to regular
members and shall be permitted to provide input during discussions. Alternate members shall not
be permitted to vote on matters before the board unless they have assumed the duties of an absent
regular member.
The member of the board who has served longer as an alternate member shall be the first alternate
board member. If the first alternate member leaves the board or is appointed a regular board member,
the successor to the first alternate board member shall be that alternate board member with the longer
service as an alternate member. The next appointed alternate member shall be designated as the
second alternate board member:
In the absence of a regular member from an official board meeting, the first alternate board member
shall assume all duties of the absent regular board member, including the right to vote on any matter
before the board at that meeting. If two (2) or more regular board members are absent from an
official board meeting, the second alternate member shall assume all duties of an absent regular
member, including the right to vote on any matter before the board at that meeting.
In the absence of the first alternate board member from an official board meeting, the second
alternate board member shall act in the place of the absent first alternate, including the right to vote
on matters before the board at that meeting if a regular member is absent at that meeting.
(r}(i) Multiple board or committee membership. No member of any appointed board or committee
of the City of Winters Springs shall be allowed to serve on more than one such board or committee
at a time, with the exception of appointments to ad hoc committees of temporary duration. Any board
or committee member, at the time of the effective date of this subsection [Jan. 14, 2002] who is a
member of more than one (1) board or committee, may continue to serve on each such board or
committee until the expiration of the current term of each respective board, the member resigns from
such board or committee, or is removed, in accordance with this Chapter, from any such board or
committee.
Secs. 2- 43- -2 -55. Reserved.
Sec. 2 -56. Creation.
The city does herewith and does hereby create a code enforcement board pursuant to the
terms of F.S. Ch. 162.
Sec. 2 - 57. Membership; appointment; qualifications.
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- 42(d). 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 code enforcement board
shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor,
a subcontractor and a realtor or as otherwise provided by law.
City of Winter Springs
Ordinance No. 2010 -14
Page 4 of 6
* **
Sec. 2 -76. Created.
There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as
"BOWS ").
Sec. 2 - 77. Composition; appointment of members.
BOWS shall consist of five sevcn (7) member , : • •:' . • -•
' : ;1 : • • : . . • ■ : • • . • .. to be appointed and removed in
accordance with Section 2 -42.
* **
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 . • • • ' • • - • •1 • • and removed as set forth in Section 2 -42.
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(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) Staggerinz 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.
Section 3. 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 4. 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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. 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
City of Winter Springs
Ordinance No. 201044
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be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of , 2010.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO- LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2010 -14
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