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HomeMy WebLinkAbout2009 04 07 Regular 600 Amended By-LawsCOMMISSION AGENDA ITEM 600 April 7, 2009 Regular Meeting REQUEST: Informational Consent Public Hearings Regular X Mgr. / Dept. Authorization The Office of the City Clerk respectfully requests that the Beautification of Winter Springs Board review this Agenda Item and Approve the Amended By-Laws to reflect the new Regular Meeting schedule. PURPOSE: This Agenda Item requests the Beautification of Winter Springs Board review the enclosed information related to the Amended By-Laws. CONSIDERATIONS: During the months of January and February 2009, Deputy City Clerk Danielle Harker was in contact with the Board to discuss the possible Meeting date change from the second Wednesday of every quarter to another day that would be more suitable to allow the Board Members to attend the Citizens Advisory Committee Meetings which was also held on the second Wednesday (of each month). On February 5, 2009, Deputy City Clerk Harker received the last confirmation that the first Tuesday of every Quarter would be suitable to the Board. An email was sent to the Board on Thursday, February 12, 2009, confirming the Meeting date change from the second Wednesday of every Quarter to the .firsl Tuesday of every Quarter. CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD REGULAR MEETING -APRIL 7, 2009 REGULAR AGENDA ITEM "600" PAGE 2 OF 2 This change would now need to be reflected in the By-Laws for the Beautification of Winter Springs Board. ATTACHMENTS: Beautification of Winter Springs Board By-Laws Revised April 7, 2009 RECOMMENDATION: The Beautification of Winter Springs Board is requested to review the information in this Agenda Item and Approve the Amended By-Laws to reflect the new Regular Meeting schedule. BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS I. NAME The name of this Board is "the Beautification of Winter Springs Board" (hereinafter referred to as the BOWS Board). II. INTENT "The Beautification of Winter Springs Board is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission and the city manager in connection with the beautification and preservation of natural beauty of the city. The BOWS board shall consider all matters submitted to it by the city commission or the city manager, and shall offer suggestions and recommendations on its own initiative in regard to the beautification and cleanliness of city properties. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects." [Code of Ordinances 2-79. (a)] III. DUTIES OF THE BOARD "It is the purpose of the Beautification of Winter Springs Board to prepare a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private owners. This board shall work with other civic groups and governmental agencies within the environmental limits of the city such as the following: (1) Approaches to the city; (2) Surrounding county areas which affect the impressions of visitors and citizens of the area with regard to the city." [Code of Ordinances 2-80. (a)] "BOWS shall recommend to the city commission such overall projects as seem warranted, but shall refrain from making individual specific recommendations. BOWS shall not concern itself with the day-to-day affairs of normal city functions, but shall, upon request of the city commission, make specific recommendations." [Code of Ordinances 2-80. (b)] Revised 04/07/09 CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS PAGE 2 OF 6 IV. TREE CITY USA PROGRAM A. The BOWS Board shall assist the City with annual qualification for the National Arbor Day Foundation's Tree City USA Program, including: 1. Serve as the `Tree Board' for the City of Winter Springs. 2. Organize The Annual Arbor Day Celebration along with City Staff. 3. Provide constructive input for the Arbor Ordinance of the City of Winter Springs. 4. Help to provide educational opportunities for the public regarding proper arbor care and best management practices. 5. Recommendation of Historical Tree Designations within the City, per Chapter 5-8. of the City Code. [See l~hbit A] V. MEMBERSHIP A. The BOWS Board "shall consist of seven (7) members, five (5) members to be appointed by the city commission and two (2) members to be appointed by the mayor." [Code of Ordinances 2-77.] B. "Unless otherwise provided by state or federal law, all 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." [Code of Ordinances 2-42. (e)] C. Members of the BOWS Board shall be residents of the City - ""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." [Code of Ordinances 2-42. (b)] Revised 04/07/09 CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS PAGE 3 OF 6 D. "Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, all persons shall be appointed to, and removed from city boards and committees by majority vote of the city commission. 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. 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." [Code of Ordinances 2-42. (d)] E. "The members of BOWS shall be compensated in accordance with the manner and procedure set down by the city commission." [Code of Ordinances 2-79. (b)] VI.OFFICERS AND THEIR DUTIES A. The Officers shall be a Chairperson and a Vice Chairperson. The City of Winter Springs shall provide a Clerk to assist the BOWS Board. B. The Chairperson shall preside at all Meetings of the BOWS Board. C. The Chairperson shall be the direct liaison between the BOWS Board during Meetings; and also with the City Commission, the City Manager and his/her Staff; and City Staff. D. The Chairperson shall present recommendations of the BOWS Board to the City Commission, when applicable. E. The Vice Chairperson shall perform the duties of the Chairperson in the event the Chairperson is absent. VII. ELECTION OF OFFICERS A. "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 and committees shall make such elections at their regularly held meeting and then annually as stated above." [Code of Ordinances 2-42. (g)] B. The Election of Officers shall be the first Regular Agenda Item to be conducted at the Meeting. Following its conclusion, the newly elected Officers will take their roles to complete the rest of the Meeting. Revised 04/07/09 CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS PAGE 4 OF 6 C. Vacancies in the Office of the Chairperson or the Vice Chairperson shall be filled as soon as possible for the remainder of the term by following the Election procedure described above. VIII. CLERK OF THE BOWS BOARD A. Duties 1. The Clerk of the BOWS Board shall attend all Meetings of the BOWS Board and shall be responsible for recording the Minutes of most Meetings of the BOWS Board. 2. The Office of the City Clerk shall have charge of all Official Records of the BOWS Board. B. Minutes 1. "Motions. All motions will be transcribed in full, along with who made the motion, and any corresponding vote(s)". [Resolution 2001-04] [Sec Exhibit 13] 2. "Body. No comments, discussion, or statements that are stated or written "for the record," either by a member of the Commission, (any Advisory Board and/or Committee), the City Manager, the City Attorney, City Staff, or any member of the audience will be transcribed verbatim, unless the voting members unanimously agree to this, complete with a Motion and a documented vote confirming this". [Resolution 2001-04] [See 1::~hibit 13] IX. STAFF LIAISON FROM THE COMMUNITY DEVELOPMENT DEPARTMENT A. The BOWS Board shall have at least one (1) City of Winter Springs Staff Member (not including the Office of the City Clerk) who is assigned to the BOWS Board, and acts in the capacity of a liaison with the BOWS Board Members and handles all non- administrative matters of the BOWS Board. B. The role of a Staff Liaison is to assist the BOWS Board with any technical matters, and to provide the BOWS Board Members with any information that would help them perform their responsibilities, at Meetings, or at any other time. C. Staff Member or Members will attend all BOWS Board Meetings/Workshops. If a Member of the BOWS Board has any additional technical questions or concerns, then they shall contact the designated Staff Member(s) for assistance. Revised 04/07/09 CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS PAGE 5 OF 6 X. MEETINGS A. Re>;ular Meetings: Regular Meetings shall be held quarterly - in January, April, July, and October, on the first Tuesday of the specified month at 7:00 p.m. in the City Commission Chambers of City Hall, 1126 East State Road 434, Winter Springs, Florida, unless otherwise scheduled. B. Special Meetings/Workshops: Special Meetings or Workshops may be called by either the Staff Liaison with Approval by the Chairperson; or by the Chairperson; or by majority Consensus of the Board. C. Notice: Notice of all Meetings, Regular and Special or Workshops, shall be given to each Board Member at least seventy-two (72) hours in advance of the Meeting/Workshop. 2. Notice of all Meetings shall be provided to the Clerk of the Board for inclusion in the City's schedule of Meetings and Events. D. Attendance: 1. Board Members shall notify the Office of the City Clerk if they cannot attend any kind of Meeting. 2. "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." [Code of Ordinances 2-42. (f)] E. Quorum: A quorum of the full Membership of the Board shall consist of four (4) or more Members and an affirmative Vote of a majority of those present and Voting shall be necessary to pass any Motion. Revised 04/07/09 CITY OF WINTER SPRINGS, FLORIDA BEAUTIFICATION OF WINTER SPRINGS BOARD BY-LAWS PAGE 6 OF 6 F. Voting: For all Motions, Voting shall be by voice and shall be recorded by individual `Aye' or `Nay' . G. Procedure: 1. "Robert's Rules of Order shall be the `underlying foundation' for the conduct of "Meetings". [Resolution 2003-06] [See Exhibit C] 2. In the event aMeeting/Workshop is scheduled in the Commission Chambers, all Board Members shall be recognized individually by the Chairperson through the use of the Board Members' dais light prior to speaking. This is to ensure that all questions and discussion are clearly on the Record. 3. In the event aMeeting/Workshop is scheduled in the Commission Chambers, all Board Members, Staff and Members of the Public are required to use an active microphone when addressing the Board to ensure accuracy on the Record. 4. Private conversations between Board Members will be prohibited while Meetings are in session. Any such conversations may Violate the Florida Sunshine Law. XI. MISCELLANEOUS 1. If a Board Member has a change of contact information, the Board Member shall contact the Office of the City Clerk immediately to update the information. This is to guarantee that all contact information on file is current and accurate. ATTEST: OFFICE OF THE CITY CLERK CHAIRPERSON DATE DATE Revised 04/07/09