HomeMy WebLinkAbout2003 02 10 Regular D Appointment to the Beautification of Winter Springs Board
COMMISSION AGENDA
ITEM D
Consent
Informational
Public Hearing
Regular X
February 10. 2003
Regular Meeting
r~
Mgr. /, pt.
Authorization
REQUEST:
The City Clerk requests that Commissioner Robert S. Miller make an
Appointment to the Beautification of Winter Springs Board to replace Mr.
William H. Poe who resigned on January 27, 2003 as a result of being appointed
to the Planning and Zoning Board/Local Planning Agency.
PURPOSE:
Commissioner Robert S. Miller is requested to make an Appointment to fill a
vacancy on the Beautification of Winter Springs Board.
CONSIDERATIONS:
. William H. Poe was appointed to the Beautification of Winter Springs Board
by Commissioner Robert S. Miller on July 9,2001.
· Commissioner Sally McGinnis appointed William H. Poe to the Planning and
Zoning Board/Local Planning Agency on Monday, January 21,2003,
. William H. Poe submitted a letter of resignation (dated January 27, 2003)
from the Beautification of Winter Springs Board,
CITY OF WINTER SPRINGS
REGULAR AGENDA ITEM "0"
CITY COMMISSION
REGULAR MEETING - FEBRUARY 10,2003
PAGE 2 OF 2
4) If this Appointment is not made at this Meeting, it will be placed on
subsequent Agendas until the vacancy has been filled, or as otherwise directed
by Commissioner Miller.
ATTACHMENTS:
A. A copy of William H. Poe's letter of resignation from the Beautification of Winter
Springs Board.
B. An excerpt from the City's Code of Ordinances related to the Beautification of
Winter Springs Board; Ordinance 2001-49; and Ordinance 2002-28.
COMMISSION ACTION:
ATTACHMENT
"A"
27 January 27, 3003
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JAN 2 7 2003
CITY on'VI
cl~~~'1EPRINGS
Mayor John Bush
City Commission
1126 E State Road 434
Winter Springs, FI 32708
Dear Mayor Bush and City Commissioners:
Recently, I was asked to serve on the Planning & Zoning Board for the city
of Winter Springs, Florida,
In that I currently serve on the BOWS Board, I cannot serve on two boards
simultaneously.
After much thought, I have decided to accept the appointment on the
Planning & Zoning Board accordingly; I hereby resign my position on the
BOWS Board. My resignation is effective 01/27/2003,
ATTACHMENT
"B "
~ 2-69.6
WINTER SPRINGS CODE
(2) The name and address of the person to
whom the citation is issu~d.
(3) The date and time, the civil infraction was
committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or
ordinance violated.
(6) The name and authority of the code en-
forcement officer.
f,
(7) The procedure for the person to follow in
order to' pay the civil penalty or to contest
the citatlon.
(8) The applicable civil penalty if the person
,elects not to contest the citation.
(9) The applicable civil penalty if the person
elects to contest the citation.
(10) A conspicuous statement that if the per-
son fails' to pay the civil penalty within
the time, allowed, or fails to appear in
court to contest the citation, he shall be
. deemed to have waived his right to con-
test the citation and that, in such case,
,judgment may be entered against the
person for an amount 1.lp to the maximum
cjvil penalty.
(Ord: No. 547, ~ I(~ 2-66i), 11-22-93)
Sec. 2-69. 7. Disposition of citations and civil
penalties.
(a) After issuing a citation to an alleged viola-
tor, the code enforcement officer shall:
(1) Deposit the original citation and one (1)
copy of the citation witq the clerk of the
circuit court;
(2) Provide the alleged violator with one (1)
.
copy;
(3) Deposit one (1) copy with city clerk; and
(4) Retain one '(1) copy in the code enforce-
ment officer's department file;
(b) All civil penalties received by the county
court from violators of city codes or ordinances
shall be paid into the general fund of the city in
the penalty and fine account. All court costs shall
be retained by the clerk of the circuit court.
(Ord. No. 547, ~ I(~ 2-66j), 11-22-93)
Sec. 2-69.8. Provisions supplemental.
It is the legislative intent ofthis subdivision to
provide an additional and supplemental means of
obtaining compliance with city codes and ordi-
nances. Nothing contained in this subdivision
shall prohibit the city from enforcing its codes or
ordinances by any other means.
(Ord. No. 547, * I(s 2-66k), 11-22-93)
DIVISION 3. RESERVED*
Sees. 2-70-2-73. Reserved.
Sees. 2-74,2-75. Reserved.
DIVISION 4, BEAUTIFICATION BOARDt
Sec. 2-76. Created.
There is hereby created "The Beautification of
Winter Springs Board" (hereinafter referred toas
"BOWS").
(Ord. No. 459, ~ 1, 5-22-89)
Sec. 2-77. Composition; appointment ofmem-
bers.
BOWS shall consist of seven (7) members, five
(5) members to be appointed by the city commis-
sion and two (2) members to be appointed by the
mayor.
(Ord. No. 459, S 2, 5-22-89)
*Editor's note-Ord, No, 709, ~ I, adopted Dec, 14, 1998,
repealed Former Div, 3, ~~ 2-70-2-73, in its entirety which
pertained to the conimerce 1!nd industry development board
and derived from Ord, No, 424, ~~ 1-4, adopted July 11, 1988,
tEditor's note--Ord; 459, ~ 1. adopted May 22, 1989, did
not SPecify manner of codification; hence, inclusion herein as
Div, 4. ~S 2-76-2-80, has been at the discretion 'of the editor,
Cross references-Building regulations generally, Ch, 6;
fences, walls and hedges, ~ 6-186 et seq,; land development,
Ch, 9; signs and advertising, Ch, 16; streets, sidewalks and
other public places,' CIl, 17; zoning, eh, 20,
144
ADMINISTRATION
0.' ',.','i, ,
'.J
Sec. 2-78. Terms; o.-ganization; meetings.
The members of BOWS shall be appointed for a
term of three (3) years; three (3) of the initial
BOWS members shall be appointed for a term of
three (3) years, two (2) of the initial BOWS
members shall be appointed for terms of two (2)
years, and two (2) of the initial BOWS members
shall be appointed for the term of one (1) year,
thereafter the terms shall be three (3) years.
Immediately upon appointment, the members of
the Beautification of Winter Springs Board shall
meet and Qrganize and shall elect from am'ong the
membership a chairman, a vice-chairman, and a
secretary, whose terms of office shall be for the
, period of one (1) year or until their successors are
elected by the members of the board. The Beau-
tification of Winter Springs Board shall conduct
such meetings as may be necessary to properly
perform its duties and functions and shall estab-
, lish rules or bylaws to govern the manner in
which its meetings and affairs are conducted.
(Ord. No. 459, ~ 3; 5-22-89)
Sec. 2-79. Duties; expenditures.
(a) The Beautification of Winter Springs Board
is empowered and directed to consider imd 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 natu-
ral 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 clean-
liness 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.
(b) The members of BOWS shall' be compen-
sated in accordance with the manner and proce-
dure set down by the city commission.
(Ord. No. 459, ~ 4, 5-22-89)
,Sec. 2-80. Master beautification plan; recom-
mendations to city commission.
(a) It is the purpose of the Beautification of
Winter Springs Board to prepare a master plan
for the overall beautification of the city with
e
~ 2.83
regard to those areas owned by the city, and
recommendations to private owners. This board
shall work with other civic groups and govern-
mental 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.
(b) BOWS shall recommend to the city commis-
sion such overall projects as seem warranted, but
shall refrain from making individual specific rec-
c;>mmendations. BOWS shall not concern itself
, with the day-to-day affairs of normal city func-
tions, but shall, upon request of the city commis-
sion, make specific recommendations.
(Ord. No. 459, ~ 5, 5-22-89)
ARTICLE IV. ELECTIONS*
Sec., 2~8L Election supervisor.
, The city clerk is hereby designated the super-
visor of elections for the city.
(Code 1974, S 2-27)
Sec. 2-82. Proclamation.
The mayor shall issue a proclamation calling
the municipal elections provided for in this article
and at least sixty (60) days prior theret~. The
proclamation shall be published in a newspaper of
general circulation in this city once each week for
four (4) consecutive weeks prior to the municipal
election. '
(COde 1974, S 2-29)
Sec. 2-83. Municipal elections to be general
elections.
Municipal elections held as provided in this
article shall be general municipal elections and no '
other municipal primary or general election shall
be necessary, The successful candidates deter-
mined as provided in this article shall be th~ duly
*Charter references--City commission election and terms
~ 4,03; nominations and elections, ~ 8,01 et seq. .
Cross reference-City commission, ~ 2-26 et seq.
145
, ,.
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 AL TERNA TE
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 g2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission desires, through the establishment of the position of
"alternate member" to the various boards and commissions, 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; 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
SPIUNGS 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 1 of 5
r"
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 III. Boards, Committees, Commissions
Division I. Generally
* * *
Sec. 2-42. Appointments of boards and committees.
(g) 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.
The provisions oitrus section shall not be deemed to repeal or' modify any city ordinance or
provision of the city code relating to the establishment or 'operation of any board or
committees, but the provisions, herein shall be supplemental and, in addition to such
provisions within the city,code.
(Q} Definitions. As used in this section, the terms or phrases listed in this subsection shall have
the following meaning:
"Resident" shall mean any person living within the city limits at all times while serving on
said board or committee, and at least six (6) months prior to being nominated. elected or
appointed to the board or committee.
UJ 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:
ill Complete a board or committee application as prescribed by, the city commission;
City of Winter Springs
Ordinance No. 200 1-49
Page 2 of 5
ill Consent to a standard criminal background check;
ill Be duly re~istered 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 in the Code, all persons shall be appointed to, and removed
from city boards and committees by maiority vote of the city commission. Board and
committee members shall serve at the pleasure ofthe 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.
W 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 shaILser~e.the remaining, portion of the unexpired term,
ill Absences. Any board or committee member incurring three (3) consecutive absences, or five
(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 bv maiority 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. Alternate
members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson.
(hl 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
by law, Alternate members shall be provided with all agendas and documentation orovided
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 absef!-t 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. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of-the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
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 p~ovision, 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
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ~ day of October ~I. -'l
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PA L P. PA~TY;~;', --~---
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Approv s to legal form and sufficiency for
of inter Springs only
nthony A. Garganese, City Attorney
First Reading: September 24, 2001
Second Reading: October 8, 2001
Effective Date: October 8, 2001
F:\DOCS\City of Winter Springs\Ordinances\Altcrnate 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 OPERA TION 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 FORINCORPORA TION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under 9 2(b), Art, VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, the City Commission, through Ordinance number 2001-49, amended Chapter
2, entitled Administration, of the City Code of Ordinances 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 desires to amend the City Code and City Ordinances to
ensure regulations regarding boards and 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 I 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
* * *
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 oftllissectioh
shall not be deemed to lepeal 01 modif} any city oldihance or provision of the city code. I elating to
the. establishment or opelation of any board or committees, but the plovisiohs heleilt shall be
supplemental and in addition to SUell Plovisions witllin the city code.
* * *
(e) Term, Unless otherwise provided by state or federal law. aMI 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,
(f) Absences. Unless otherwise provided by state or federal law. f!:1\ny board or committee
member incurring 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), fronl any regulaIly
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 provided by state or federal law. eEach 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, Alternate members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson,
* * *
Sec. 2-57. Membership; appointment; qualifications, tel illS.
W The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The nlembeJ s of the boal d shall be I esidehts of the luul1iGipality and appointlhents
Appointments to the board shall be in accordance with tile applicable law 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,
tb1 The appointments to the code enforGement boal d shall be fol a tel nl of tlll ee (J) years and
a Ihember IlIa)' be reappointed upon apploval of the Git)' GOI/1I11issiol1, Appointments to fill any
vacahcy 011 the enfulcement boald shall be for the remaindel of the lJl1expired tenl} of office. ffany
menlbel fails to attend two (2) oftl11ee (3) sUGGessive meGtings without Gause and witllout Plior
approval onhe chaim}an, the board shall declare the nlenlbel 's office vacalIt and the city coml11ission
shall plOlhptly fill such vacancy, Membels shall sel ve in aGcoldance with the Code alld Illay be
suspended and leInoved ful cause as provided in SUell ordinances rol lel1}Oval ofmembels ofboalds,
* * *
Sec. 2-78. Tel illS, oOrganization; meetings.
The membel s ofDO\VS shall be appointGd fOI a tel m oftlu ee (3) years, tlu GO (3) ofthe initial DO\VS
members shall be appointed fOI a term oftluee (3) years, two (2) of tile iIlitial DO\VS meltlbelS shall
be appointed for te11ns o[two (2) years, and two (2) onlle initial DOlvVS melhbers shall be appointed
fol the terh} of one (1) }eaI, thereafter tile teHus sllall be tlllee (3) yeals. Immediately upon
appointnlent, the members of the Deautification of Win to I Springs Doal d sl,all meet and 01 ganize and
shall elect fiOlfl among the membeIship a chairman, a vico-chainhan, and a secletal), whose terms
of office shall be for the period of one (1) yeal or until theil successol s are elected by the members
of the board, 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
City 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 of trustees consisting offive (5) members who
shall be appointed fOI a term of three (3) yeals by resolution of the city commission, Each
commissioner shall have one (1) appointment to the board. The successols of tIle original appoilltees
shall be appointed for terms oftluee (3) yeals by resolution of the city comnlissioh. Vacancies in the
board shall be filled by the city commission member whose seat number corresponds with the vacant
board seat subiect to commission ratification, for the unexpired term of such vac"ancy, 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, subiect to 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 apprepriate and necessary,
(c) Any melllbel of tIle boald of trustees 1l1ay be lellloved at ahY tilJle durillg Ilis teIlII upon a
majority vote. of the city comhlission. Any meIubef of the boal d of trustees wllo is absent fi OhI mOl e
than two (2) cOhsecutive meetings shall automatically forfeit his positioh 011 the boald,
WtdJ 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 stl ikeotlt 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
* * *
Sec. 18-55. Creation of advisory committees.
* * *
(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
commission; 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 tllereafter luembers shall sen-e not more than two
(2) consecutive J-year tern IS, perSOliS sel vili!?, partial tel I1IS shall be elititled to Se,l ve the partial telln
and two full conseGUti-ve J-yeaI telllls, vacancies in the committee shall be filled by the city
commission 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 two (2) regularly scheduled commission meetings after a vacancy occurs or a term
expires. that seat will be filled by the mayor. subiect to the ratification bv 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 elec.t fi om its membel s a d.ail111al1 al1d sud. officel s as it l1.cry
deem applopJiate, howevel, each ad\lisory cOliuhittee 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 requilili!?, a vote of the menlbersllip ofthe advisol~ cOl1uliittee, all membels sllall
vote unless an actual conflict of iliterest is stated on tile I eC,OI d,
City of Winter Springs
Ordinance No, 2002-28
Page 5 of 8
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 and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 20 - Zoning
* * *
Sec. 20-53. Term; filling vacancies; removal of members.
Sec. 20-54. Reserved Appointment of chailln.1ll, l'ke-chailluan,
Tllere sllall be a c1laillllalI alId vice-chaillaan of the plannilIg ahd zOlIing board selected fI Olll. and by
the IlIenlbels, Tiley shall SOl vO a tellIl of one (1) year or until tlleir appointlllent to tile board is
telluilIated, whichever is sllorter, unless soonel lemoved by tile board,
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
Tile tentl of office of the ll,eltlbel S of tile board of adjustIlleilt shall I UiI fI onl tile secolid PI iday in July
aild each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of t\\'o (2) yeals, 01 untill,is successOl is appointed al.d qualified, Except howevel, tIle
first boald appointed sl,allselve teIIIIS as follows, Seats two (2) and four (4), shallselve the full
two-yeal tell/l endilig July 10, 1982, Seats Olle (1), tlll ee (3), alid fi ve (5) shall sel ve a oile-year tentl
eildilig 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 commissiolt fOl failUI e to pel fOI III tI,eir duties 01 fOI otl,er
IilisconduGt iil office or automatically for failure to attehd three (3) IlIeetings within any twel ve-montl,
period oftilile, POI PUI poses ofIemoval, alt absehce fl om a specially called IlIeeting of the boaId shall
count the sahle as an absence fi 0111 a I egulally schedule meeting,
Sec. 20-79. Reserved Appointment of thai) man, "ice-thai) man.
TI,ere sl,all be a chairman and vice-chainllali of tIle board of adjustlllent selected fi om and by the
members, They shallsel ve a term of one (1) year or uiltil tI,eir appointl1leltt to the boal d is tel I1linated,
whichevel is shOlter, unless soonel len,oved by the boald,
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 , 2002,
~.~=
RENZO-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
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City of Winter Springs
Ordinance No, 2002-28
Page 8 of 8