HomeMy WebLinkAbout2002 12 09 Regular K Appointment/Reappointment to the Board of Trustees
COMMISSION AGENDA
ITEM K
Consent
Informational
Public Hearing
Regular X
December 9. 2002
Regular Meeting
~ \ /"
Mgr. / ~-
Authorization .
REQUEST:
The City Clerk requests that Commissioner Michael S. Blake and Commissioner
David W. McLeod each make an Appointment/Reappointment to the Board of
Trustees (Pension Plan). The current two (2) Board of Trustees (Pension Plan)
Members who have not been Reappointed as of this date - their terms of office
will be expiring in January 2003.
PURPOSE:
As the terms of office for the current Board of Trustees (Pension Plan) Members
under Seat Two and Seat Five are set to expire in January 2003, this Agenda Item
is needed so that Commissioner Michael S. Blake and Commissioner David W.
McLeod can each make their Appointment/Reappointment to the Board of
Trustees (Pension Plan).
CONSIDERATIONS:
The term of office for members of the Board of Trustees (Pension Plan) is three
(3) years.
CITY OF WINTER SPRINGS
REGULAR AGENDA ITEM uK"
CITY COMMISSION
REGULAR MEETING - DECEMBER 9, 2002
PAGE 2 OF 3
BOARD OF TRUSTEES (pENSION PLAN):
· Vincent Giannoni - Reappointed on November 25, 2002 by Commissioner
Edward Martinez, Jr.
· Robert Nippes- Reappointed on November 25,2002 by Commissioner Robert S.
Miller
· Vernon Rozelle - Reappointed on November 25, 2002 by Commissioner Cindy
Gennell
The terms of office for the following individuals will be expiring in January 2003:
. Mark Lammert
· Mark Queen
Any AppointmentsfReappointments that are not made at this Meeting, will be
placed on subsequent Agendas, until the vacancies have been completed.
FUNDING:
None.
RECOMMENDATION:
It is recommended that Commissioner Michael S. Blake and Commissioner David
W. McLeod each make an Appointment/Reappointment to the Board of Trustees
(Pension Plan), as the current Board of Trustees (pension Plan) Members terms of
office for Seat Two and Seat Five expire in January 2003.
As the Board of Trustees (pension Plan) only meets quarterly, and their next
regularly scheduled Meeting is slated for January 28, 2003, it would be highly
preferable that all Members of this Board are seated as soon as possible so that
normal business of this Board may continue, including any Special Meetings that
may be needed.
ATTACHMENTS:
A. Copy of a Memorandum, dated October 21, 2002, sent to the City
Commission outlining information pertaining to the upcoming vacancies on
the Board of Trustees (Pension Plan) including letters sent to each of the
Board Members; an excerpt from the City's Code of Ordinances; and related
Ordinances.
B. Appointment History.
CITY OF WINTER SPRINGS
REGULAR AGENDA ITEM uK"
CITY COMMISSION
REGULAR MEETING - DECEMBER 9,2002
PAGE30F3
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COMMISSION ACTION:
ATTACHMENT
"A"
MEMORANDUM
TO:
Mayor And City Commissio\ /
Andrea Lorenzo-Luaces, C~ity Clerk
FROM:
SUBJECT:
Upcoming Board Of Trustees (pension Board)
Appointments/Reappointments
DATE:
October 21,2002
Please find the .following information pertaining to the upcoming Board of Trustees
(pension Board) Appointments/Reappointments:
· A copy of the letters recently mailed to all Advisory Board/Committee Members
whose terms. of office are_duelo..expire in January 20D3.. ,.
· An excerpt from the Code of Ordinances, Ordinance 2001-49, Ordinance 2002-
28, and a copy of the Board of Trustees (pension Board) Member List
The Appointments/Reappointments for all applicable seats will be placed on City
Commission Meeting Agendas, beginning with th,e Meeting of Noyember 25, 2002.
Please note that currently there is one Seat on the Board of Trustees (pension Board)
which is vacant. The proposed Appointment to fill this Seat will be noted on the
November 11,2002 Regular City Commission Meeting Agenda.
As always, if I may be of further service, please feel to let me know.
COPY: Ronald W. McLemore, City Manager
Anthony A. Garganese, City Attorney
Attachments
DOCS/cityclerk/correspondence!commission/2002/0285.doc
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327-1800
October 16, 2002
Mr. Robert Nippes
430 Woodcrest Street
Winter Springs, Florida 32708
Dear Mr. Nippes,
As you probably are aware, your term of office as a Member of the City of Winter
Springs' Board of Trustees (pension Board) expires in January of2003. I am currently in
the process of notifying aU. Board Members, along with the Mayor and City Commission
as to the terms of office that will be expiring.
If you are interested in being considered for Reappointment, please provide both a letter
of intention and complete the attached application (which is now a requirement per the
passage of Ordinance 2001-49). Both documents should be forwarded to my attention,
prior to.Friday, November 8,2002. At the appropriate time, I will then forward copies to
the Mayor and City Commission for their review and consideration.
Should you not wish to be considered for Reappointment, then please also forward this
information, in writing, to my attention prior to Friday, November 8, 2002.
Ifl may be of further assistance, please don't hesitate to contact me at (407) 327-5955.
Sincerely,
CK OF WINTER SPRINGS
~~~S:CMC
City Clerk
COPY: Mayor And City Commission
Attachments
DOCSlboardslboardo ftrustees/a 111/correspondencel2002/0025 .doc
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
October 16, 2002
Mr. Mark Queen
129 Cherry Creek Circle
Winter Springs, Florida 32708
Dear Mr. Queen,
As you probably are aware, your term of office as a Member of the City of Winter
, Springs' Board of Trustees (pension Board) expires in January of 2003. I am currently in
the process of notifying all Board Members, along with the Mayor and City Commission
as to the terms of office that will be expiring.
If you are interested in being considered for Reappointment, please provide both a letter
of intention and complete the attached application (which is now a requirement per the
passage of Ordinance 2001-49). Both documents should be forwarded to my attention,
prior to Friday, November'8;-20Q-2:-- At theappropriatetime;-I-wiIHhen forward'copies'to"
. the Mayor and City Commission for their review and consideration.
Should you not wish to be considered for Reappointffient, then please also forward this
information, in writing, to my attention prior to Friday, November 8, 2002.
If I may be of further assistance, please don't hesitate to contact me at (407) 327-5955.
Sincerely,
CITY OF WINTER SPRINGS
~(J
COPY: Mayor And City Commission
Attachments
DOCSlboardslboardo ftrusteesfa 11 Vcorrespondence12 002/0026 .doc
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
October 16, 2002
Mr. Vincent Giannoni
437 Lancers Drive
Winter Springs, Florida 32708
Dear Mr. Giannoni,
As you probably are aware, your term of office as a Member of the City of Winter
Springs' Board of Trustees (pension Board) expires in January of 2003. I am currently in
the process of notifying all Board Members, along with the Mayor and City Commission
as to the terms of office that will be expiring.
If you are interested in being considered for Reappointment, please provide both a letter
of intention and complete the attached application (which is now a requirement per the
passage of Ordinance 200'1-49). Both documents should be forwarded to my attention,
prior to Friday, November 8, 2002. At the appropriate time, I will then forward copies to
the Mayor ;;md City Commission for their review and consideration.
Should you not wish to be considered for Reappointment,' then please also forward this
information, in writing, to my attention prior to Friday, November 8, 2002.
If! may be of further assistance, please don't hesitate to contact me at (407) 327-5955.
Sincerely,
CITY OF WINTER SPRINGS
A'
~L
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COPY: Mayor And City Commission
Attachments
DOCSlboardslboardo ftrusteesla IlllcoITespondencel2 00 2/00 2 7 .doc
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
October 16, 2002
Mr. Vernon Rozelle
648 Redwood Drive
Winter Springs, Florida 32708
Dear Mr. Rozelle,
As you probably are aware, your term of office as a Member of the City of Winter
Springs' Board of Trustees (Pension Board) expires in January of2003. I am currently in
the process of notifying all Board Members, along with the Mayor and City Commission
as to the terms of office that will be expiring.
If you are interested in being considered for Reappointment, please provide both a letter
of intention and complete the attached application (which is now a requirement per the
passage of Ordinance 2001-49). Both documents should be forwarded to my attention,
. prior to Friday, November 8, 2002; Atthe'appropriatetime;'lwill-then-forwardcopies-to....--.... ---
the Mayor and City Commission for their review and consideration.
Should you not wish to be considered for Reappointment, then please also forward this
information, in writing, to my attention prior to Friday, November 8, 2002.
If! may be of further assistance, please don't hesitate to contact me at (407) 327-5955.
COPY: Mayor And City Commission
Attachments
DOCSlboardslboardo ftrustees/alll/correspondencel2002/0028 ,doc
~ 14-30
WINTER SPRINGS CODE
leges and other conditions thereunto appertain-
ing, of Title II .of the Social Security Act as
amended, for and on behalf of all .officers and
employees of its departments and agencies to be
cavered under the agreement.
(Code 1974, ~ 2-4(g))
Sec. 14-31. Custody of funds.
The city clerk is hereby designated the custo-
dian .of all sums withheld from the campensation
.of .officers and employees and .of the apprapriated
funds far the cantributian of the city, and the city
clerk is hereby made the withholding and report-
ing agent and charged with the duty .of maintain-
ing personnel records for the purposes of this
article.
(Cade 1974, ~ 2-4(h))
Secs. 14-32-14-50. Reserved.
ARTICLE III. PENSION PLAN.
Sec. 14-51. Adopted.
(a) The city does hereby elect to pravide for its
employees a money purchase pension plan and
,trust, such plan ,and trust to be knawn as the
"Pension Plan for the Employees .of the City of
Winter Springs, Flarida" (hereafter referred to as
"the plan"). The plan shall be administered by a
board .of trustees as appointed in section 14-52.
(b) The city daes hereby apprave and adopt the
plan, a capy .of which is an fIle in the city clerk's
.office and autharizes the mayor and city manager
to execute the plan an behalf .of the city. The plan
may be amended from time ta time by resolution
.of the city commission.
(c) The cost of the plan shall be paid entirely
by the city fram the general fund. '
(d) The city shall be bound by the terms and
canditions .of the plan.
, (Cade 1974, ~ ~-6(a}-(c), (e))
Sec. 14-52. Board of trustees.
(a) There is hereby created and established a
baard .of trustees cansisting of five (5) members
wha shall be appainted for a term of three (3)
Supp. No.1
years by resalution .of the city cammissian. Each
commissianer shall have one (1) appaintment to
the baard. The successars .of the .original appain-
tees shall be appointed for terms .of three (3) years
by resalution of the city cammissian. Vacancies in
the board shall be filled by the city cammission far
the unexpired term .of such vacancy.
(b) The board of trustees shall meet na less
than quarterly to review the perfarmance .of the
pensian plan and conduct such ather business as
the board deems appropriate and necessary.
(c) Any member of the board .of trustees may
be removed at any time during his term upon a
majority vote .of the city commissian. Any member
.of the board .of trustees who is absent fram mare
than two (2) consecutive meetings shall automat-
ically forfeit his position an the baard.
(d) The board .of trustees shall administer the
city's pension plans pursuant to the provisions
cantained therein as adapted by the city commis-
sion.
(Cade 1974, ~ 2-6(d); Ord. Na. 41l,,~ 1, 3-14-88;
Ord. No. 554, ~ 1, 1-24-94)
934
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ORDINANCE NO. 2001-49
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
PROVIDING FOR THE ADOPTION OF A NEW SECTION 2-
42 ENTITLED APPOINTMENTS OF BOARDS AND
COMMITTEES; PROVIDING FOR A PURPOSE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR THE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
" PROVIDING FOR THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority" under ~2(b), Art. vm of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS; the -City 8ommission 'desires,--throtlgh-th.e"establishment'ofthe -position -of-.----- --_. - -- -
"alternate member?? - to. the...various. boords. .and..oommissWBS;.te.-enhanee- the. public's- i'espeet..and-.-- : __.. '.' ,_; ._. '. _
confidence in the municipai 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; and '
WHEREAS, the City Commission desires to establish uniform and consistent procedures
and requirements for establishing and/or abolishing boards and committees, and appointing and
removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission 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 fully incorporated herein by the
City of Winter Springs
Ordinance No. 2001-49
Page I of 5
.~
reference as legislative findings of the City Commission of Winter Springs.
Section 2. The City of Winter Springs Code Chapter 2 entitled Administration is
hereby amended by the adoption of a new Section 2-42 entitled Appointments, of boards and
committees, as follows: (underlined type indicates additions and strikeout type indicates deletions,
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2. Administration
* * *
Article m. Boards, Committees, Commissions
Division 1. Generally
* * *
Sec. 2-42. Appointments of boards and committees.
W' Pll11'ose. 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.
The provisions ofthis'section'shaU not-be-deemed.torepea1orm-odify any city ordinance or '
provision of the .aity.,()ode. relating,"to,.the--establishment 'o1"""operation'''of-any'board -or.--.--.--.-.------
.' committees. but the provisions herein shall be supplemental and in addition to such
provisions within the city code.
au Definitions. As used in this section. the terms or phrases listed in this subsection shall have
the following meaning:
W 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:
I
ill Complete a board or committee application as prescribed by the city commission:
"
City of Winter Springs
Ordinance No. 2001-49
Page 2 of 5
, '
...' .
ill Consent to a standard criminal background check:
ill Be duly registered to vote in Seminole County:
ill Be a resident as defined in this section: and
ill Has never been convicted or found guilty. regardless of adiudication. of a felony in
any iurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of this paragraph.
@ Appointment and removal of members. Unless otherwise required by state or federal law. or
specifically provided otherwise mthe Code. all persons shall. be appointed to. and removed
from city boards and committees bv maiority 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.
Uti
Term. 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. .
ill Absenees. Any'board ef cemm:itteememberincurring three (3)'conseeutive absences;-orfive'~-----'" ..- .---
(5) absences within a twelve-month period. from any regularly scheduled meeting. shall be
deemed automatically' removed from the respective board or committee in which the
absences have occurred.
(g}Chairmanships. 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 resrularly held meeting and then .annually as stated above. Alternate
members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson.
.au 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
City of Winter Springs
Ordinance No. 2001-49
Page 3 of 5
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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.
Section 3. Repeal of Prior, Inconsistent, Ordinances, .and - Resolutions;-' AU--prioru--- " . ___ _ ._.~____
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.
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
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.
City of Winter Springs
Ordinance No. 2001-49
Page 4 of 5
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ADOPTED by the City Commission of the City of Winter Springs, ,Florida, in a regular
meeting assembled on the ~ day of October ' , L" ,
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Approv s to legal form and sufficiency for
of inter Springs only
nthony A. Garganes~, City Attorney
.,
First Reading: September 24, 2001
Second Reading: October 8, 2001
Effective Date: . October 8, 2001
F:\DOCS\City of Winter Springs\OrdinancesWtemate Board Members 2001-49 jpb.jd
City of Winter Springs
Ordinance No. 2001-49
Page 5 of 5
ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE OPERATION OF AND APPOINTMENT AND
REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS
AND COMMITTEES; PROVIDING FOR THE REMOVAL OF
INCONSISTENT PROVISIONS WITHIN THE CITY CODE
AND CITY ORDINANCES; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. '
WHEREAS, the City Commission is granted the authority, under ~ 2(b), Art. VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
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WHEREAS, the City Commission, through Ordinance number 2001-49, amended Chapter
2, entitled Administration, of the City Code of Ordinances to esta,blish. uniform and consistent
procedures and requirements for establishing and/or abolishing boards and committees, and,
appointing and removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission desires to amend the City Code and City Ordinances to
ensure regulations ,regarding boards ~d committees are consistent and not conflicting; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter .
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS: '
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2
is hereby amended as follows: (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter
City of Winter Springs
Ordinance No, 2002-28
Page 1 of 8
2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2 - Administration
It It :It
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 The provisions of this section
~~~ ~~ ~~ ~~med to J cpeal or modify any city 01 dinance OJ pro v ision of the city code I elating to
the establishment 01 opelatlon of any bOaId or comnnttees, but the prOvISions herem shall be
supplemental and in addition to such prOvisions within the city code.
* * *
( e) Term. Unless othe:rwisepm:v:ided"by-state Of. federal law; ,aAllboard a:nd,cC)mmittee.memberS'..-----"'"---~--
shall be appointed to serve three-year terms and may be reappointed by the city commission for
,subsequent three-year terms without limitation. If a member is removed, or vacates their appointment
for any reason, including death, excessive absences, or resignation, prior to the expiration of their
term, the city commission may at its ,discretion appoint the first alternate member described below,
or other qualified individual, whom shall serve.the remaining portion of the unexpired term.
(f) , Absences. Unless otherwise provided by state or federal law. !:Any board or committee
member incuning three (3) consecutive absences from any regularly scheduled meeting of the board
or committee, or seven (7) five (5) absences from any meeting of the board or committee within a '
twelve-month period (starting with the last absence and counting backward), &0111 ail} regulally
scheduled meeting, shall be deemed automatically removed from the respective board or committee
in which the absences have occurred. Any meeting which is cancelled. other than for a lack of a
quorum. shall not be counted for purposes of determining absenteeism. Absences which occurred
prior to the date of reappointment of any board or committee member shall not be counted toward
automatic removal.
City of Winter Springs
Ordinance No. 2002-28
Page 2 of 8
(g) Chairmanships. Unless otherwise orovided by state or federal law. eEach board and
committee shall be responsible to elect, by majority vote of the members of each board ot committee,
a chairperson and vice.,chairperson. The election shall occur annually at the first meeting held in
January, unless there is no January meeting, then the next meeting held. All newly established boards
and committees shall make such elections at their regularly held meeting and then annually as stated
above. Alternate members (as provided below) shall n~t be elected to positions of chairperson or
deputy-chairperson.
* * *
Sec. 2-57. Membership; appointment; qualifications, teulls.
W The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The membets of the boat d shall be residents of the municipalitJ and appointments
Appointments to the board shall be in acc.ordance with the applicable la vv and ordinances on the basis
of experience or interest in the fields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an architect, a businessman, an engineer; a
general contractor, a subcontractor and a realtor or as otherwise provided by law.
(b1 The appointments to the c.ode enforcement board shall be for a telJU of three (3) y~rs and
a Illember may be I"appointed upon apploval of the city COlllluission. Appointments to fill any
vacancy on the etrl'orcenlent board shall be for the remaindel of the un{,xpiled tern} of office. If-any
member fails to attend tl"JO {2} of.three{J} successive meetings without cause atld vv.thuul }li1VI ------- ---- -- .,
appro'\l al of the, chait Ulan, the board sha:ll declare the membet IS office 'Yac.ant and the city commission
shall promptly"fiH.such.vacauc,}I; -Members..shall serve hl Ac{,ordancc \lvith the Code and may be
',suspended atld reilloved for cause as pl'O'Yided in such ordinances rollemoval ofnlembers ofboaMs.
* * *
See. 2-78. Tel IDS, oOrganization; meetings.
. The members ofDOVt'S shall be appointed for a tenu oftlri'ce (3) Yea1 s, three (3) of the initial DOV/S
members shall,be appointed for a term of three (3) years, two (2) of the initial DO\VS nlemhers shall
be appointed for terms of two (2) years, and two (2) ofthe initial DO'"VS Ihembels shaH be appointed
for the teull of one (1) year, theleafter the ternlS shall be three (3) years. Inllllediately upon
appointment, the members of the Deautifkatioll oPNintel Springs Doatd sha.llmeet atld organize atld
shall elect from among the membership a "haluuan, a vice-chaiunan, and a secretary, whose tenns
of office shall be for the period of one (1) yeat 01 until their succeS50lS ale elected by the membelS
of the bOM d. The Beautification of Winter Springs Board shall conduct such meetings as may be.
necessary to properly perform its duties and functions and shall establish rules or bylaws to govern
the manner in which its meetings and affairs are conducted. provided that such rules and procedures
are not inconsistent with federal and state law (where applicable). the City Code or direction of the
City of Winter Springs
Ordinance No. 2002-28
Page 3 of 8
Citv Commission.
Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code
Chapter 14 is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 14. It is intended that the text in Chapter 14 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 14 - Personnel
* * *
Sec. 14-52. Board of trustees.
(a) There is hereby created and established a board oftrustees consisting oftive (5) members who
shall be appointed fora. term of three (3) yeaH by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The successors of the original appointees'
shall be appointed for terms oftmee (3) years by resolution of the city commission. Vacancies in the
board shall be filled by the city col11mission member whose seat number corresponds with the vacant
board seat subiect to commission ratification. for the unexpired term of such vacancy. If any
commissioner fails to appoint a member within nvo(2) regularly scheduled commission meetings after
a vacancyoccurs--ora.term'expires:that-seat-wiHbe'filled'by-the'mayor~ .subiectto-the ratification by" .--.., - ,.. -.. .,...,.
the city commission. '
(b) The board of trustees shall meet no less than quarterly to review the performance of the
. pension plan and conduct such other business as the board deems appropriate and necessary.
(c) Arty member ofth~ board ofttustccs ma) be removed at any time during his teun upon a
majolity \Jote of the city commission. An, member onIle board oftrustees ~ha is absent flam more
than t\lYO (2) consecutive meetings shall automaticall) forfeit his position 011 the bOa1d.
!f)(d1 The board of trustees shall administer the city's pension plans pursuant to the provisions
contained therein as adopted by the city commission.
, Section 4. Chapter 18 Code Amendment. The City of Winter Springs Code
Chapter 18 is hereby amended as follows: (underlined type indicates additions and suikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this'
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2002-28
Page 4 of 8
/
Chapter 18 - Taxation
01: 01: 01:
Sec. 18-55. Creation of advisory committees.
01: 01: 01:
(d) Unless otherwise provided by resolution of the city commission:
(1). Each initial member of an advisory committee shall be nominated (one each) by the city
commissi01i~ however each nominee shall be confirmed by majority vote of the entire city commission;
-,
(2) Two (2) members of the advisory committee first appointed, ,by the commissioners from seats
2 and 4, shall serve 2-year terms and the remaining three members first appointed shall serve 3-year
terms; the successors of the original appointees shall be appointed for terms of three (3) years. in
, accordance with Chapter 2 of the ,City Code: by thereafter members shall sene. not mOLe than two
(2) c..onsecuti",e J-Jea1' terms,persons senins partial teuns shaH be entitled to sel ve the partial ternl
and two fuR consecutive, J-YeaI terms, vacancies in the committee 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 two (2) regulariy scheduled commission meetings after a vacancy occurs or a term
,expires. that seat will be 'filled by the mayor. subiect to the ratification by the city commission.
, ,
(3) Each advisory committee shall have the authority to determine its own rules and procedures,
provided that such rules and procedures are not inconsistent with federal and state law (where
applicable). the city code or direction of the city commission;
(4) Each advisory committee may elect nom its membeiS a ellAhman and Such officeu as it may
deem appropriate, however, each ad~isory committee shall designate from its members one person
who shall serve as the official liaison between the advisory committee and the city; such liaison shall
direct all formal communications to the city manager regarding the business of the advisory
committee;
(5) All meetings of the advisory committee shall be noticed in advance and be held at city hall and
in all, ways conducted in conformance with all government in-the-sunshine and open public-records
laws;
(G) On matters requirins a vote of the nlembership of the advisory committee, all members shall
\lote unless an actual conflict of interest is stated on the record,
City of Winter Springs
Ordinance No. 2002-28
Page 5 of 8
(7) Each advisory committee shall meet not less than once quarterly failure to attend three (J) ,
meetings in airy one (1) twelve-month period or tll1ee (J) consecutive advisory COInrl11ttee meetings
sllall be grounds for removal.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks 'andset.forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 20 - Zoning
* * *
See. 20-53. Term; filling vacancies; removal of members.
The tenn of office of the members of the planning and zoning board shall run from the second Pridaj'
in Inly the and each Each member appointed shall serve as provided in Chapter 2 of the city code for
"!i>,' a ternI oft",o (2) years, or until his successoris appointed al1d qu~ified. C'Xcept however, the rust
board appointed shaH sene, terms c15 follows. Seats two (2) and fonr (4}sha:llsene the full two-year
tenn ending July 10; 1982. S.eats one (1), three (J), and five (5) shaH ser ve a one-yecu term ending
Jury 10, 198'1: Vacancies on the board maybeiilled by,thecommission member whose seat number
corresponds with the vacant planning and zoning board seat subject to commission ratification. If any
commissioner fails to appoint a member within two (2) regularly scheduled commission meetings after
a vacancy occurs or a term expires, that seat will be filled by the mayor" subject to the ratification by
city commission. Members shall be subject to removal from office as provided in Chapter 2 of the city
code by the commission for failure to penor m their duties or other misconduct in office or
autom.rtic.all) for failure to attend tll1ee (J) meetings within any twelve-month petiod of time. For
purposes ofremova:l., au absence from a 5p~Gia:Hy called mcc.ting of the board shall conIrt the scune as .
CUI absence fiom a regularly scheduled meeting,.
See. 20-54. Reserved Appointment of chah man, "ice-chair man.
Ther e shall be, a chairman and vice-chairman of the planning and zoning board selected from and by
the members. They shall se~e a term of one (1) year or until their appointment to the board is
terminated, whichever is shorter, unless sooner remOved by the board.
* * *
See. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
The term of office of the membel s of the board of adjustment shall ron frOll1 the second PI iday in July
"and eaGh Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) yeats, or until his SUCGeSSOI is appointed and qualified. Except however, the
first boatd appointed shall sene tenhS as follows. Seats two (2) and fOUl (4), shall sene the full
two-yeal tellll endin~ Jury 10, 1982. Seats one (1), tlllee (3), and five (5) shallser ve a one-year teml
ending July 10, 1981. Vacancies on the board may be filled by the commission member whose seat
number corresponds with the vacant board of adjustment seat, subject to commission ratification. If
any commissioner fails to appoint a member within two (2) regularly scheduled commission,meetings
after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the
ratification by city commission. Members shall. be subject to removal from office as provided in
Chapter 2 of the City Code by the Gommission for failUl e to perform theil duties or for other
nnsconduGt in office or automatically for failure to attend tlllee (3) meetings within any tweI ve-month
period of titae. P or pUl poses of 1 eInO v al, an absence fi om a speGially Galled meeting of the board shall
count the sanle as an abs.ence fi om a regularly sGhedule meeting.
See. 20-79. Reserved Appointment of (hai! man, ~ ice-thai! mall.
There shall be a chairman and ~ice-chaillllan of the board of adjustment selected from and by the
members. They shaH sene a tern} of one (1) year or until their appointment to the board is telminated,
whichever is shorter, unless soonel removed by the board.
..~.
. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the CitY Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
. Section 7. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs ,City Code and any section or paragraph number or letter and any. heading may be
changed or modified as necessary to effectuate the foregoing.
, Section 8. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 9. Effective Date. this Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City
Charter.
City of Winter Springs
Ordinance No. 2002-28
Page 7 of 8
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of September . 2001.
~
NZO-LUACES
s to legal form and sufficiency for
inter Springs only
Anthony A. Garganese, City. Attorney
First Reading: September 9, 2002
Second Reading: September 23, 2002
Effective Date: September 23, 2002
F:\Docs\City o{Winter Springs\Ordinances\Board Committee Ordinance. wpd
tJ.
PAUL P. PAR'f):"'XA
Mayor
City of Winter Springs
Ordinance No, 2002-28
Page 8 of 8
ATTACHMENT
"B"
BOARD OF TRUSTEES (PENSION PLAN)
Mark Lammert
. Appointed to the Board of Trustees (Pension Plan) on November 11, 2002
. Appointed by Commissioner David W. McLeod
. Term expires January 2003
Mark Queen
· Appointed to the Board of Trustees (Pension Plan) on January 24, 2000
. Appointed by Commissioner Michael S. Blake
. Term expires January 2003