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HomeMy WebLinkAbout2005 06 16 OtherStatutes & Constitution :View Statutes :->2004->Ch0286->Section Ol 1 : Online Sunshine Page 1 of 3 Select Year: 2004..` Go The 2004 Florida Statutes Title XIX Cha te~6 View Entire Chaff PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duty http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_String... 5/11 /2005 Statutes & Constitution :View Statutes :->2004->Ch0286->Section 011 : Online Sunshine Page 2 of 3 authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1 ), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_String... 5/11 /2005 Statutes & Constitution :View Statutes :->2004->Ch0286->Section 011 : Online Sunshine Page 3 of 3 (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Copyright O 1995-2005 The Florida Legislature • Privacy Statement • ContacLU~ http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String... 5/11/2005 The following is an excerpt from the City of Winter Springs' Code of Ordinances. Please refer to the highlighted text for information which pertains to Advisory Board and Committee Members Attendance criteria. CODE OF ORDINANCES CITY OF WINTER SPRINGS, FLORIDA Sec. 2-42. Appointments of boazds 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 boazd or committee, and at least six (6) months prior to being nominated, elected or appointed to the boazd or committee. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a boazd 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 standazd 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, regazdless of adjudication, of a felony in any jurisdiction, any plea of nolo contendere shall be considered a conviction for purposes of this pazagraph. (~i) Appointment anc~removal.o£mbe~. LI r4 W :1~~ uired,by ~~z~,.#'~deral law, d~~rnoved or spe~i~i~al~y,~F~~,~~~t~~xse; in ~aa~~ _~ ~ be appau~t~1 ~~.~~n foam c~ty:bo~xdS ~~ ~~ T ~, -~rc~Qn~ee memt~e ~1~11 ~erv~ at.t~~ ,~~ ~ ~~'!~''rx~' any ~`,~~ ar~W~d?~X ~~?~~~_ `' :_~~~e;c~o~~ued~a~ i~ci but,~ot, ~te~,t;~i:a ac?rlft„l~ ~z~y~~ ~~~ Ye~t~ ri.~. (e) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve three-yeaz terms and maybe reappointed by the city commission for subsequent three-yeaz 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. (g) Chairmanships. Unless otherwise provided by state or federal law, each boazd and committee shall be responsible to elect, by majority vote of the members of each boazd 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 boazds and committees shall make such elections at their regulazly held meeting and then annually as stated above. Alternate members (as provided below) shall not be elected to positions of chairperson or deputy-chairperson. (h) Alternate members. At the discretion of the city commission, two (2) alternate members maybe 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 regulaz 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 regulaz 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 boazd or is appointed a regulaz boazd member, the successor to the first alternate boazd 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 boazd member. In the absence of a regulaz member from an official boazd meeting, the first alternate board member shall assume all duties of the absent regulaz board member, including the right to vote on any matter before the boazd at that meeting. If two (2) or more regulaz board members are absent from an official boazd meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the boazd at that meeting. In the absence of the first alternate boazd 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 boazd at that meeting if a regular member is absent at that meeting. (i) Multiple board or committee membership. No member of any appointed boazd 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 boazd 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) boazd or committee, may continue to serve on each such boazd 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. (Ord. No. 2001-49, § 2, 10-8-01; Ord. No. 2001-61, § 2, 1-14-02; Ord. No. 2002-28, § 2, 9-23- 02) Secs.2-43--2-55. Reserved. 022805_COMM_Regular_501.1 _Rural_Lands_Reso lution_2005-09 COMMISSION AGENDA ITEM 501.1 February 28, 2005 Regular Meeting Consent Informational Public Hearing Regular X l"~~-~ Mgr. / Dept. Authorization REQUEST: City Manager requesting the City Commission to adopt Resolution Number 2005-09 authorizing the East Rural Transitional Area Development Code project. PURPOSE: This agenda item is needed for the Commission to decide if it desires to go forward with a development plan and related code section for the East Rural Area. CONSIDERATIONS: On February 8, 2005 the Commission held a workshop on alternative development patterns with W.R.T. and Randall Arendt. The consensus of the Commission was to move forward with a program to implement the concepts discussed in the workshop. FUNDING: A supplemental appropriation will be needed in the amount of $50,000 from the General Fund. Funding authority is discussed in Agenda Item 500.2 022805_COMM_Regular 501.1_Rural_Lands_Resolution_2005-09 RECOMMENDATION: It is recommended that the Commission do the following. 1. Determine if it desires to go forward with a Rural Area Development program. 2. If so; Approve Resolution 2005-09 with any amendments the Commission deems necessary. ATTACHMENTS: Resolution Number 2005-09 COMMISSION ACTION: RESOLUTION NUMBER 2005-09 A RESOLUTION OF THE WINTER SPRINGS, FLORIDA CITY COMMISSION; INITIATING AN EAST RURAL TRANSITIONAL AREA DEVELOPMENT CODE STUDY PROJECT FOR AN AREA OF EXISITNG RURAL LAND GENERALLY LOCATED EAST OF THE CURRENT INCORPORATED LIMITS OF THE CITY OF WINTER SPRINGS; CREATING AN ADVISIORY COMMITTEE MADE UP OF PERSONS OWNING REAL PROPERTY WITHIN SAID RURAL AREA; AUTHORIZING THE APPOINTMENT OF STAFF AND CONSULTANTS TO SERVE AS TECHNICAL ADVISORS TO THE CITY AND THE ADVISORY COMMITTEE; ESTABLISHING A SCHEDULE OF TASKS TO COMPLETE THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, property owners located within an area of unincorporated Seminole County commonly referred to as the "East Rural Area" have expressed interest in annexing their property into the City of Winter Springs; and WHEREAS, property owners living within the "East Rural Area" have demonstrated a strong interest in retaining the rural character of the area; and WHEREAS, in the event that property owners within the "East Rural Area" choose to annex their property into the City of Winter Springs in the future, the City Commission of Winter Springs desires to adopt land development regulations ("Rural Transitional Development Code") that specifically guide the manner in which the "East Rural Area" located within the City of Winter Springs will be developed; and WHEREAS, the City Commission of Winter Springs desires that the Rural Transitional Development Code contain development standards that would result in predictable development patterns in the "East Rural Area" that balance the interest of property owners who desire to receive a reasonable return on the investment of their property through development, and those property owners who desire to preserve the rural character of the "East Rural Area; and WHEREAS, the City Commission of Winter Springs hereby finds that the property owners living and owning property within the "East Rural Area" have a significant stake in the "East Rural Area" and should be empowered to be directly involved, at the local level, to study and plan for the future development of the "East Rural Area," including the adoption of a Rural Transitional Development Code that balances a variety of local interests; and City of Winter Springs Resolution 2005-09 Page 1 of 5 WHEREAS, the City Commission of Winter Springs also finds that providing a vehicle for local citizens to address local concerns is in the best interests of the public health, safety, and welfare of the community and those persons owning property within the East Rural Area. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Winter Springs, as follows: Section I: Mission Statement. It shall be the mission of the City of Winter Springs to establish land development regulations ("East Rural Transitional Development Code") to guide the potential development of "East Rural Area" lands that may be annexed into the City in the future. Section II: Vision Statement. It is the vision of the City of Winter Springs that development patterns in those portions of the "East Rural Area" that may be annexed into the City of Winter Springs should be developed in such a manner that creates a sustainable quality of life; that accommodates population growth in a manner that conserves open spaces; that balances development potential and conservation of lands; that protects lakes, waterways, and potable water resources; that protects environmentally significant wetlands, animal and plant life; that preserves historically significant places and building artifacts; protects significant natural occurring landscape features; that balances the interest of property owners; and that minimizes the negative impacts of urban sprawl. Section III: Property Owner Advisory Committee (a) Establishment. A seven (7) person advisory committee shall be appointed by the City Commission. Each member of the advisory committee shall own property within the East Rural Area. The Mayor and each City Commissioner shall have one appointment to the advisory committee. One member shall appointed by majority vote of the City Commission. The list of committee members shall be attached to this Resolution as Exhibit "A." The advisory committee shall be known as the "East Rural Area Property Owners Committee (ERAPOC)." (b) Responsibilities. In accordance with the schedule of tasks set forth herein, the ERAPOC shall work with the technical .advisory staff to develop a Rural Transitional Development Code to accomplish the mission and vision established by the City Commission for those portions of the "East Rural Area" that may be voluntarily annexed into the City of Winter Springs. The Committee may appoint a chairman for purposes of running the committee meetings. No other designated officers shall be permitted. City of Winter Springs Resolution 2005-09 Page 2 of 5 Section IV: Technical Staff. The City Commission and the City Manager shall hire qualified professional consultants and assign City staff members to serve as technical staff to the ERAPOC. The City Attorney shall be the legal advisor to the ERAPOC and Technical Staff. It shall be the responsibility of the technical staff to provide technical assistance required by the City and the ERAPOC to accomplish the mission and vision established herein by the City Commission. Section V: East Rural Study Area The East Rural Study Area subject to this resolution contains approximately 1,000 acres of land in the East Rural Area as further depicted on Exhibit "B." Section VI: Study Methodology The Technical Staff shall develop four (4) land development scenarios that will predict and illustrate the potential build-out of each model as follows: l . Land use patterns and potential development.locations. 2. Dedicated conservation acreage and potential locations. 3. Square footage of new commercial development and potential locations. 4. Residential density and potential locations. 5. Recreation and open space areas and potential locations. 6. Assessed value. 7. Population. 8. General Fund Revenue per capita. 9. General Fund Cost per capita. 10. Impact on urban sprawl. The four development scenarios shall be as follows: 1. No further Development. 2. Current County Zoning. 3. Current City Zoning assuming current low density residential densities of 3 units per net buildable acres. 4. Rural Transitional Development Scenario assuming an average density of one unit per net buildable acre. Section VII: Recommendation Format: All recommendations made by the ERAPOC shall be made in writing by consensus as opposed to voting. Minority or opposition recommendations may be presented at the request of any Committee member or Technical Staff person. City of Winter Springs Resolution 2005-09 Page 3 of 5 Section VIII: Open Meetings and Public Records; Public Input: All meetings of the ERAPOC shall be conducted in accordance with the Florida Sunshine Law and all records shall be handled in accordance with the Florida Public Records Act. The ERAPOC shall entertain relevant public input from interested parties at appropriate times. Section IX. Schedule of Tasks: Task I. Adoption of Resolution Number 2005-09 Task II. Appointment of Committee Members Task III. Appointment of Technical Staff Task IV. Organizational Meeting of the ERAPOC a) Introduction of committee members b) Review of Resolution 2005-09. c) Approval of chairperson. d) Establishment of meeting dates and times. Task V.A. Data Collection and Presentation -Technical Staff Task V.B. Data evaluation and feedback - ERAPOC Task VI.A. Creation of Four Development Scenarios -Technical Staff. Task VI.B. Presentation of Development Scenarios to ERAPOC -Technical Staff. Task VI.C. Evaluation of and feedback on Four Development Scenarios - ERAPOC. Task VII. Refinement of the Rural Transitional Development Scenarios - ERAPOC and Technical Staff. Task VIII.A. Development of East Rural Transitional Area Design Standards - Technical Staff. Task VIII.B. Evaluation of and feedback on East Rural Transitional Area Design Standards - ERAPOC. Task IX.A. Publication of East Rural Transitional Area Design Standards Recommendations -Technical Staff. Task IX.B. Evaluation of and feedback on Design Standards by City Commission - ERAPOC and Technical Staff. City of Winter Springs Resolution 2005-09 Page 4 of 5 Task X.A. Preparation of the East Rural Transitional Area Development Code - Technical Staff. Task X.B. Evaluation of and feedback on East Rural Transitional Area Development Code - ERAPOC. Task X.C. Publication of East Rural Transitional Area Development Code - Technical Staff. Task XI.A. Evaluation of and feedback on East Rural Transitional Area Development Code -City Commission. Task XI.B. Adoption of East Rural Transitional Area Development Code -City Commission. Adopted this the Day of , 2005 by the City Commission of the City of Winter Springs, Florida. John F. Bush, Mayor ATTEST: Andrea-Lorenzo-Luaces, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney City of Winter Springs Resolution 2005-09 Page 5 of 5 EXHIBIT "A" PROJECT STRUCTURE MAYOR ~ COMMISSION PROJECT DIRECTOR City Manager Ron McLerrxx~ PRQJEGT MANAGER -- Community Development Director TECHNICAL COfN111TTEE STAFF CONSULTANTS Staff -Eloise Sahlstmm Staff.-John Baker Consultant W.R.T. LL:C. John. Femsler Michae4 Clark Silvia Vargos PROPERTY OWNER ADV150RY COMIMtTTEE EXHIBIT 'B'- East Rural Study Area ,: _ ~~~ '_~~ r ;~ - : _. ,~: _ _ ~ ~~ i[" •s - ~2pp, ~+ " `fit, '' ~ ~ .. " r t . '.. ~ _ ~., C. ~. "';'~. ' ~ ' . :.~ mot.--"~. :. ' ; ', _ `. .~ ~ ~ r ~:' ~. ) W r. ~. -~. ~ . -. ., r. . . - ~C ~ y .~ i - t fl ~ '' _ _ ~ ~ ~!' . n ' + 4~ 11 J S y ~ "~ ~ S ~ ~ _ , _ i .;- t ., ~ ~~ _. ~ ' i ~ 2{~ ~ ~{" tiv .,{~~A _ j i~.,~.a` ~ ~ ~. A Y` ~ ~ ~ ~ ~ ~ ~~ : s ~ . . , ~ _ r ?~ ~r't~i ;~;,, ,~ r .i. ~' _ ~' - J _ I; ~. . ~,. • ~; ~~'k ~~'L I ... . i , . ~ t . • _4 , ~~ 1 ~ ~ Approximately 1000 Acres N