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HomeMy WebLinkAbout1999 12 09 Other Handout by Staff DECEMBER 9,1999 HAND OUT BY STAFF CITY OF WINTER SPRINGS OAK FOREST WALL AND BEAUTIFICATION DISTRICT ADVISORY COMMITTEE BY-LAWS PURPOSE AND INTENT It is the purpose and intent of these By-Laws to set forth a uniform set of rules of procedure whereby The City of Winter Springs, Oak Forest Wall & Beautification District Advisory Committee may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its designated functions. The Oak Forest Wall and Beautification District Advisory Committee shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the City Commission seat. Each member shall be a Homeowner residing in the District known as Oak Forest. ARTICLE I GENERAL GOVERNING STATUTES, ORDINANCES, AND RULES The Oak Forest Wall & Beautification District Advisory Committee shall be governed by all of the following statutes, ordinances, and rules: 1.1. Applicable State Statutes and Local Ordinances and Rules. To the extent that they remain in force and effect, as they are amended, or as they may be added to, the Committee and state statutes and local ordinances including the following shall govern its members and officers: a. State statutes applying generally to public Committees, members, and officials, including: * * * * Article I, Section 24, Florida Constitution Chapter 112 F.S. "Public Officers and Employees" Chapter 119 F.S. "The Public Records Law" Chapter 286 F.S. "Govemment-in-the-Sunshine Law" b. Ordinance 98-704 of the City of Winter Springs. c. The Rules of the Committee, as set forth herein. 1.2. Requirements for adherence with State Statutes and Local Ordinances and Rules Affecting the Committee. Upon taking office, all members of the Committee should familiarize themselves with the foregoing, and, while in office, members should maintain such knowledge, including knowledge of amendments and additions, and shall be strictly governed thereby in the conduct of Committee affairs. 1.3. Rules of the Committee are to be Available to Public in City Clerk's Office. City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure A certified official copy of rules of the Committee, in current form, shall be available in the City Clerk's office as a public record. Additional copies shall be provided to members of the Committee and made available to the public on request, but the official copy in the City Clerk's office shall govern. No amendment to these rules shall become effective until incorporated in the official copy. 1.4 Committee Office The office of the Committee shall be at Winter Springs City Hall, 1126 East State Road, Winter Springs, FL 32708. The office hours are normally from 8:00 a.m. to 5:00 p.m. weekdays, except legal holidays. ARTICLE II DUTIES 2.1. The Oak Forest Wall & Beautification District Advisory Committee shall have the general responsibility to: 2.1.11 Act in an advisory capacity to the City Commission on questions relating to the assessment area, as defined in Section 1.01 of Ordinance 98-704 2.2 Provide input and recommendation to the City of Winter Springs, Staff and/or their consulting professionals assigned to the task of providing assistance in the following areas in a timely matter. 2.2.1 Development of an annual budget for the improvements, and maintenance thereof, that is considered part of the District. 2.2.2 Imposition of assessments to fund new improvement of related services. 2.2.3 Issuance of obligations. 2.2.4 Maintenance of the improvement or related services. 2.3 The Committee shall review and discuss issues related to the preceding sections and other directly related matters of interest to the owners of property within the District and make such recommendation thereon as the Committee deems appropriate. ARTICLE III MEMBERS 3.1 Number of members; Appointment; qualifications; terms; compensation; procedure for removal; procedure for filling vacancies; and terms of members appointed to fill vacancies shall be as provided m: * * Ordinance 98-704 Section 2.02 (D) 2 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure 3.2. Cause for Removal from the Committee. Causes for removal of members from the Committee by the City Commission shall include malfeasance, misfeasance, or nonfeasance, as defined by law, generally, and in particular may include: a. Three unaccountable absentees from regular meetings may result in the Committee's referring the matter to City Commission for appropriate action up to and including removal of the Committee Member. Nothing herein shall preclude to the City Commission from acting upon this without a referral from the Committee. b. Failure to disclose conflict of interest, as defined by either state law or the legal definitions including percentages. * Chapter 286 F.S. "Govemment-in-the-Sunshine Law". * Chapter 112 F.S. "Standards of Conduct for Public Officials". 3.3. Resignations, Generally, and by Absence. When members propose to resign, if reasonably feasible, they shall give notice of their intent to the Chairman or Secretary, or make the date of resignation effective, in such a manner as to allow time for appointment of replacements. 3.4. Vacation of Office. When a member dies or resigns, the Secretary shall promptly indicate to the City Commission that a vacancy exists. When a member becomes incapacitated for office permanently or for what appears likely to be a protracted period, or moves from the District, or becomes for any other reason no longer qualified for office, and fails to resign, the Chairman shall cause any necessary investigation to be made and if appropriate shall declare the office vacant, and the Secretary shall promptly indicate to the City Commission a vacancy exists. ARTICLE IV OFFICERS, COMMITTEES, STAFF, and DUTIES 4.1. Regular Election of Chairman, Vice-Chairman; Provisions for Contingencies; Continuation of Service Until Successors Take Office. 4.1.1. Annually, as the first item on the agenda at the regular meeting of the Committee in the month of September, the Committee shall elect a Chairman and Vice-Chairman. If such regular meeting is cancelled or a quorum is lacking, the election shall be held as soon thereafter at the next regular meeting provided that if no such election is held within 60 days of the date when generally required, the Secretary shall notify the City Commission, which shall appoint a Chairman and Vice-Chairman to serve until an election can be held. The prior Chairman and acting Chairman shall remain in office until their successors take office at the next regular or special meeting following their election or appointment. 3 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure 4.1.2. If the Chairman resigns his office or becomes no longer a member of the Committee, the Vice- Chairman shall succeed him in office for the remainder of the term. If the Vice-Chairman resigns his office, becomes no longer a member of the Committee, or succeeds to the Chairman's office, a special election shall be held at the next regular meeting of the Committee to select a Vice-Chairman to complete the term. Provided that if such regular meeting is one immediately preceding the regular election, the Committee may permit the office of Vice-Chairman to remain vacant for the period, provided any duties to be performed by the Vice-Chairman in the intervening period can be performed in a satisfactory manner. 4.2. Duties of Chairman and Vice-Chairman; Appointment of Temporary Chairman to Preside at Meetings. 4.2.1. Presiding at Meetings. 4.2.1.1. If present and able, the Chairman shall preside at all meetings, hearings, and workshops. If the Chairman is absent or unable to preside, the Vice-Chairman shall preside. If both are absent or unable to preside, the members present shall appoint a temporary Chairman to preside. 4.2.1.2 In accordance with these and other applicable rules, the presiding officer shall decide all points of procedure or order, unless otherwise directed by a majority of the members in attendance on motion duly made and passed. He shall maintain order and decorum, and to that end may order removal of disorderly or disruptive persons. He shall administer oaths to all witnesses, or arrange for such oaths to be administered. 4.2.2. Other Responsibilities and Duties of Chairman; Delegation to Vice-Chairman. The Chairman shall have further duties and responsibilities, as indicated below. He may delegate specific duties generally to the vice-Chairman or may authorize the vice-Chairman to perform specific duties, during his absence from the jurisdiction or in case of his other disability to perform necessary Committee functions in a timely manner. The vice-Chairman shall perform all duties so delegated, and in case of absence or incapacity of the Chairman shall perform any or all duties of the Chairman whether or not delegated. 4.2.3. Managerial Responsibilities. Subject to these rules and further instructions from the Committee, the Chairman shall direct the official business of the Committee, oversee the work of the Secretary as it relates to the affairs of the Committee, request needed assistance, confer with the City Manager on work of the staff. 4.2.4. Reporting for the Committee. The Chairman shall report to the Committee on all official transactions, which have not otherwise come to the attention of the Committee. The Chairman shall also make or cause to be made any reports concerning the affairs of the Committee required or requested by the City Commission. 4.3. Appointment of Secretary. 4 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure 4.3.1. Appointment. The Secretary to the Committee shall be appointed by the City Manager and shall be a member of the City staff. 4.3.2. Duties of the Secretary. The Secretary shall in general attend to all correspondence of the Committee; send out or cause to be published all notices required; attend all meetings of the Committee and all hearings (except when excused by the Chairman of the Committee and with temporary services arranged); compile all required records; maintain the necessary schedules, files; and generally perform all clerical work of the Committee. 4.3.3. Minute Book; Minutes a Public Record. The Secretary shall maintain a minute book, which shall be kept posted to date. In the minute book shall be recorded the Committee's proceedings, showing attendance and all absences, and disqualification of members, the record of its examinations and all other official actions, and the vote of each member voting on every question. The minutes of the Committee shall be a public record, kept in the office of the Staffmember serving as Secretary to the Committee. 4.3.4. The Secretary shall transmit to the City Commission in writing all the recommendations of the Oak Forest Wall & Beautification District Advisory Committee. 4.3.5. Notification of Expiration of Terms of Members; Vacancies. The Secretary shall notify the Committee member sixty (60) days in advance of term expiration. At least sixty (60) days prior to expiration of terms of members, and as promptly as feasible where a member resigns with a deferred effective date or when a member's office is vacated, as provided at Section 3.4 of these rules, the Secretary shall notify the City Commission that a vacancy exists and request the appointment of a successor. 4.4. Staff to the Committee. The Committee shall have access to the information and staff of all the departments of the City government on such a basis as these departments are able to render assistance to the Committee; provided, however, the Director of Public WorkslUtilities shall serve as the primary professional staff of the Committee. 4.5. Legal Counsel. The City Attorney should provide legal advice requested by the Committee, through the City Manager to the Committee as to matters under its jurisdiction and may assist in interrogating witnesses. Advice of counsel should be received and entered in the minutes before disposition of any question of law or matter requiring legal interpretation or advice. 5 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure ARTICLE V CONDUCT OF COMMITTEE MEMBERS, STAFF 5.1 Conflict of Interest. Committee members shall disclose any conflict of interest as defined by state law and shall disclose any known or apparent conflict to the Committee. Staff to the Committee shall disclose any conflict of interest as defined by state law, and shall disclose any known or apparent conflict to the Committee. 5.2. Expressions of Bias, Prejudice, of Individual Opinion to Hearing and Determination. 5.2.1. No member shall discuss any item before the Committee with any other parties prior to the public hearing, or express any bias, prejudice, or individual opinion on proper judgement of the item prior to its hearing and determination. Violation of this rule may be grounds for dismissal from the Committee. 5.2.2 In the event of any ex-parte communications, prior to the public hearing, the Committee Member shall disclose saying at the time the matter/issue is addressed by the Committee. 5.3 In the event of any ex-parte communications, prior to the public hearing, the Committee Member shall disclose saying at the time the matter/issue is addressed by the Committee. 5.4 Member Not to Vote Unless Present at Public Hearing. No Committee Member shall vote on any matter, deciding an (or a continued) application or appeal, except after attending the public hearing on the (or continued) application or appeal or upon a review of the record of the meeting. ARTICLE VI MEETINGS, HEARINGS, GENERALLY. 6.1. Regular Meetings. Regular meetings of the Committee shall be held at 7:00 p.m. at the City Hall City Commission Chambers on the second Thursday of the month; provided that such meeting may be held at any other convenient place and time if directed by the Chairman within a reasonable time in advance of the meeting or upon a finding that such other location would serve public convenience or necessity. 6.2. Special Meetings. 6.2.1. Special meetings for any purpose may be held at the call of the Chairman, or by three (3) members of the Committee. At least forty-eight (48) hours written notice of the time and place of any special meeting shall be given by the Secretary except where written waivers of notice are filed by all members required to provide a quorum and in attendance at such meeting. 6.2.2. Call of a special meeting at a specified time and place and for specified purposes at a regular meeting shall be notice thereof as to members in attendance at such regular meeting, but other members shall receive written notice thereof. 6 City of Winter Springs Oak F orest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure 6.2.3. If a special meeting is called the required notice provisions for the hearing shall be met. 6.3. Recess or Adjournment. Any regular or special meeting may be recessed or adjourned from day to day, or to the time of any previously announced regular or special meeting, and such recess or adjournment to a time and place certain shall not require additional public notice. 6.4. Cancellation. If no business is scheduled before the Committee, or if it is apparent that a quorum will not be available, any meeting may be cancelled by having the Secretary give notice to all members before the time set for such meeting. 6.5. Quorum. A quorum of the Committee shall consist of three (3) members. 6.6. Public Meetings ofthe Committee; Notice; Other Activities ofthe Committee; Schedule. 6.6.1. All meetings of the Committee involving hearing of evidence and/or decisions of the Committee shall be public, with reasonable notice as required by law. 6.6.2. Meetings for the conduct of other business of the Committee, including trips for viewing the assessment District, shall require formal public notice, and shall be scheduled at least seven (7) days in advance, with the schedule posted in the Lobby of City Hall and mailed to the Committee. 6.7. Agenda, Order of Business. The City staff shall prepare an agenda and supporting materials for each Committee meeting. Order of business shall be as follows: I. CALL TO ORDER Roll Call Approval of Minutes II. REGULAR AGENDA ITEMS III. OTHER BUSINESS IV. FUTURE AGENDA ITEMS v. ADJOURNMENT The Chairman, if there is no objection or with the concurrence of the Committee, may consider items on or added to the agenda in any order for the convenience of the public or the Committee. 7 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure ARTICLE VII. PROCEDURES AT PUBLIC HEARINGS 7.1. Rules of Procedure. 7.1.1. The Rules of Procedure for the conduct of meetings shall follow Robert's Rules of Order. ARTICLE VIII Decisions 8.1. All such decisions of the Committee shall be made at a public meeting by motion made and seconded and by roll call vote. ARTICLE IX. AMENDING OR WAIVING RULES These rules may be amended by a majority of the entire membership of the Committee except where such amendment would be contrary to requirement or limitation set by state law or the Ordinance. An amendment may be proposed at any regular meeting of the Committee, and shall not be acted upon until the following regular meeting. Notice of a proposed change to these rules shall be given by submitting the amendment to the Committee at the previous meeting of the one at which it is to be considered. ARTICLE X UNADDRESSED SITUATIONS AND CONTENT For those situations and content that are not addressed by these rules, then the procedures and requirements of Robert's Rules of Order shall apply. 8 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure A P PE N D I X "A" CONDUCT OF THE COMMITTEE 1. EX-PARTE COMMUNICATIONS: Ex-Parte communications are presumptively prejudicial because such communications provide Committee Members information that may be relied on in a decision outside of the public hearing, where such facts cannot be responded to or refuted by other participants in the public hearing process. The Florida courts have declared Ex-Part communications inappropriate for quasi-judicial proceedings. As such: a. All communications involving Committee business must occur at the public hearing. Outside the public hearing, Committee members are prohibited from discussing Committee business with all interested parties and/or their representative, lobbyists, other Committee members, or any other third party. 1. In the event a Committee member receives a written Ex-Parte communication, that Committee member shall immediately submit the written communication to City staff so that it can be placed on file and any interested party can have an opportunity to review its contents. b. Committee members may discuss Committee business with City staff for the purpose of clarifying facts. However, Committee members are discouraged from discussing the merits of Committee business with City staff c. If a Committee member knows or has reason to know that an individual or other entity may become an interested party at a future date, that Committee member is prohibited from discussing Committee business with that party and/or their representative, lobbyists other Committee members, or any other third party. d. Committee members are prohibited from polling other Committee members to attempt in any way to arrive at a consensus of the members. 2. PERSONAL KNOWLEDGE: Committee members may use their own personal knowledge in deciding a specific case before the Committee. However, such personal knowledge should be recited in and made part of the record in a timely manner which provides an opportunity for refutation by an interested party. 3. VOTING OF MEMBERS: Any Committee member who was absent from a prior meeting in which a specific case was heard shall review the record of the prior proceeding and such review shall be acknowledged by the Committee member on the record prior to taking a vote with respect thereto. 9 City of Winter Springs Oak Forest Wall & Beautification District Advisory Committee Bylaws and Rules of Procedure Docs\ W ord\BOARDS\Oak Forest\ALLL\MISC\OAKRULES2.doc 10