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HomeMy WebLinkAbout2003 02 24 Regular E Appointment to the Beautification of Winter Springs Board COMMISSION AGENDA ITEM E Consent Informational Public Hearing Regular X February 24. 2003 Regular Meeting (l-- \ / Mgr. / ~. 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 BoardILocal 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 "E" CITY COMMISSION REGULAR MEETING - FEBRUARY 24, 2003 PAGE 2 OF 2 . 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: A TT ACHMENT "A" 27 January 27, 3003 b fIt::,.. ~ III \l liJl\: ",",,,,,, """ .,- ~'" ff _ _ '~D /:\.:t~~., ~ JAN 2 7 2003 CITY onvr c,~L~'tEPRINGS 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 n~me and address of the person to whom the citation is issued. (3) The date and time, thE:) civil infraction was committed. (4) The _facts constituting rea!)onable cause. (5) The number or section of the code or ordinance .violated. (6) The name anq authority of the code en- forc(3ll).ent officer. f. (7) Theprocedure for the person to follow in order to. pay the civil penalty or to contest -the cit~tion. (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 dtation. (10) A conspicuous statement that if the per- sonfai.ls - 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, . j~qgment . may ):Ie entered against _ the . person for a.n amount ~p to the maximum c~yil penalty. . (Ord. No. 547, _~ I(~ 2-66i), 11~22-93) Sec. 2-69.7. Pisposi~ionofcitations and civil penalties. . (a) - After issuing a citation to an alleged viola- tor, the .cod!,! enf9rcexp.ent officer shall: (1) Dep.osit the. original .citation and one (1) copy of .the citation with the clerk of the - circuit COllrt; -. (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 pe.nalty 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. 2w69.8. Provisions supplemental. It is the legislative intent of this 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(~ 2-66k), 11-22-93) DIVISION 3. - RESERVED* Secs. 2w70-2-73. Reserved. Secs. 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. ~ers. BOWS shall consist of seven (7) members, five . (5) members to b~ appo~ted by the city commis- sion and two (2) members to be appointed by the mayor. COrd. No. 459, ~ 2, 5-22..:89) . *Editor's not!,\-Ord. No. 709, 9 I, adopted Dec. 14, 1998, repealed Form~r Div. 3, ~9 2-70-2-73, in its. entirety which pertained to the commerce l!lld industry development board and derived from Ord. No. 424, 99 1-4,adopted July 11, 1988. tEditor's note-Ord; 459, 91, adopted May 22, 1989, did not specify manner of codification; hence, inclusion herein as Div. 4, 99 2-76-2.80, has been at the discretion of the editor. Cross references-B"uilding regulations generally, Ch.- 6; fences, walls .and hedges, 9 6-186 et seg.; land development, Ch. 9; signs and advertising, Ch. 16; streets, sidewalks and . other public places, Ch. 17; zoning, Ch. 20. 144. - v e ';i " c_ ADMINISTRATION Sec. 2-7S. Terms; ot'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 QI"ganize and shall elect from among 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 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 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 ~ 2-83 regard to. thos~ areas owned by the city, and' reconimendations 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 warranteci; but shall refrain from making individual specific rec- . Qmmendations. BOWS shall not concern itself . with the day-tQ-dayaffairsof normal city func- tions, but .shall, upon request of the city commis- sion, make specific recommendations. (Ord.No.459, ~ 5, 5-22-89) , AltTICLE lV. ELECTIONS'" Sec:",2,SI: Election supervisor. . The city' clerk is hereby designated the super- . visor of elections for the city. (Code 1974, ~ 2-27) Sec. 2-.82. .Proclamation. The inayor shall issue a proclamation calling the municipal elections provided for in this article and at least sixty (60) days prior thereto. The proclamation shall be published in a newspaper of general circulation in this city once each week for four (4) consecutive weeks prior to themunicipal election.' .' (COde 1974, ~2-29) Sec. 2-S3.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 ~s provided in this article shall be the 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 FORA PURPOSE; PROVIDING FORDEFINITION$; 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 g2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by . law; arid 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 Jor conduc~ingboardand 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 1 of 5 1" referenc~ 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 stIikcout 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 1. Generally * * * Sec. 2-42. Appointments of boards and committees. Uti 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 co.mmittee business. The provisions of this section shall riot be de.emedto.repeal or modify any city ordinance or provision of the city code relating to the establishment or 'operation of any board or corrimittees. but the provisions herein shall be supplemental and. in addition to such provisions within the city code. ilil 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. f0 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. 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 adi udication, of a felony in any jurisdiction, 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 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. W Term. All board and committee members shall be appointed to serve three-year terms and may be reappointed by the_ city cominission 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.serre.theremainingportion 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. by 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. llilless 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. 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 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. 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. i /fil (t-l') fl~_. ' /' -- - , .' /(-, J PA L P. PA~T~;;;--, ----.-- M - / ayor 'd' 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\Alternate Board Members 2001-49 jpbjd 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 FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under S 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 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 * * * 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 plovisiohs ofthis"see.tioh ~~1~1 ~~ ?~ ~~emed to repeal 01 modif} any e.ity ordinance 01 pI 0 v ision of the. e.ity code I elatihg to the establishment or opelation of any bOMd or committc.es, but the Plovisions herein shall be supplemental MId in addition to such pro~i5ions ~ithin the city code. * * * (e) Term. Unless otherwise provided by state or federal law, aAll 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. (t) Absences. Unless otherwise provided by state or federal law, ~:Any board or committee member incurring three (3) consecutive absences from anv 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 legulaIly 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 ofthe 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. fa} The code enforcement board shall consist of seven (7) members to be appointed by the city commission. The membel s of the boal d shall be 1 esidents of the ItluniGipality and appoihtments Appointments to the board shall be in accordance with the applicable la wand 01 dinanceson 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,enfOlcenlent boald shall be 001 a tellu of tlu ee (3) years and a membel may be reappointed upon apploval of the city commissioll, Appointments to fill any vaGancy on the enforcement board shall be fOl the relllainder of the uhexpiled term of office. Ifany Iuembel fails to attend t""o (2) of three (3) successive meetings without cause and without pJioJ approval of the chairman, the bOaid shall declare the menlbeJ 's office vacant and the cit~ commission shall promptly fill such vacancy. Membels shall sene in accOJdahce with the Code and may be suspehded and lemoved OOJ cause as plovided in such ordillances fur lehloval ofmembels ofboatds. * * * Sec. 2-78. Teulls, oOrganization; meetings. The membeJs ofDO'yVS shall be appointed for a term oftlu ee (3) years, three (3) of the initia1 DO'NS membeJs shall be appointed for a term oftll1ee (3) yeals, two (2) of the initial DOV/S members shall be appointed faJ tenus of two (2) years, atld two (2) onhe initial DO\VS members shall be appointed fur the teIlh of one (1) )lear, theleafl.el the tellus shall be tldGe (3) yeals. Ihlmediately upon appointment, the members of the Deautification of\Villter Springs Doal d shall meet atld 01 gaitlze and . '. shall elect fiom among the membeJShip a chaiuuan, a vice-chairman, and a secJetary, whose telll:1S of office shall be fur the peliod of one (1) yeal or until theil successOl s al e elected by the luembers of the boaJd. 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 g 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 stlikeout 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 fur a term of three (J) years by resolution of the city commission. Each commissioner shall have one (1) appointment to the board. The successol s of tile 01 iginal appointees shall be appoil1ted for teJJllS ofduee (3) years by fesolution onlle city cOl111l1ission. 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 member of the boald of trustees may be removed at any time during his tellLl upon a majority vote of the city c0I1I111ission. Any Iltembel of the hoald oftlUstees who is absent flom mOle than two (2) consecutivG meetings shall automatically fOlfeit his position on tIle horod. WfdJ 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 strikeout 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 theteaftel melllbelS shall serve hot more than two (2) GOllsecutive J-year ternls, pel sons senihg partial tern IS shall be ehtitled to set ve tile paltial term and two full conseGuti ve J-year te1l115, 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 hlay elect fi om its nlenme1S a chait 11Ia11 ahd SUell officet 5 as it may deeHl appiOpliate, llowevel, eadl advisory comnlittee 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 ofthe 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 tuatters requitihg a vote of tiLe Ihenibelship of tile advisotJ conL1hittee, all nlembers shall vote unless an actual conflict of ihterest is stated on the t ecord, City of Winter Springs Ordinance No. 2002-28 Page 5 of 8 (7) Each advisory committee shall meet not less than once quarterly failul e to attend tllree (3) nleetilig,s in ahY one (1) twelve-Illontb peliod 01 three (3) cOhseGUtive advisoly cOllllllittee IlIeaiilg,s shall be gloulids fOl lellloval. 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 tt;xt 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. The tel 111 of office of tile meltlber s of the planning and zoning boal d sllall run fronl the second Pridcry in July the alid each Each member appointed shall serve as provided in Chapter 2 of the city code for a tenll of two (2) years, or until his successor is appointed and qualified. Except llowever, the filst boald appoillted shall serve teIlliS as follows. Seats two (2) and four (4) shall serve the full two-year tellli endihgJuly 10, 1982. Seats olie (1),tllree (3), and five (5) shall serve a one-year teIlli eliding July 10, 1981. Vacancies on the board may be filled by the commission 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 comnlission for failure to perf 01111 theil duties 01 otllel misconduct in office or automatically for failure to attend tll1ee (3) illeetings within any twelve-Illonth peliod oftili1e. For pUlpOSC.S ofrelilOval, an absence flam a specially called nleeting of the boald shall count the same as . an absehce from a regularly scheduled meeting_ Sec. 20-54. Reserved Appointment of (hail man, "ice-chai. man. Thele shall be a chailman and vice-chailnlah ofthe plalilling ahd zOhing board selected fr011l and by the IlIelubers. They shall serve a tenu of one (1) year 01 until tlleir appointnleilt to tile board is telm1nated, whichevel is ShOlh~l, unless sooner rehloved by the boald. '" '" '" Sec. 20-78. Term; filling vacancies; removal of members. City of Winter Springs Ordinance No. 2002-28 Page 6 of 8 The ten II of office of the IlIelllbers of tile board of adjustIllelit sllalll Uil [ronl the secOIld PI iday in July alid each Each member appointed shall serve for a term as provided in Chapter 2 of the code of ordinances of two (2) yeals, or ul1til his successor is appoil1ted and qualified. Except Ilo~evel, tile filst boald appoiilted shallselve tern IS as follows. Seats two (2) aild foUl (4), shall serve tile full two-year terl1,1 el1dil1g July 10, 1982. Seats Oile (1), three (3), al1d five (5) sllall serve a one-year tenll eildiilg 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 commission fOI failUl e to pel foUll their duties 01 [01 otllel IlIiSCOllduct ill office 01 autOlllatically for failUl e to attel1d till ee. (3) lueetings within a.lI)! t wel v e-month period of time. POI purposes of remo val, an absence fl om a speCially called meeting onlle board sllall count the same as an absence fi om a regulally schedule meetihg. Sec. 20-79. Reserved Appointment of chaillllan, y ice-thai! man. Thel e shall be a chairman ahd v ice-chairlllah of tile boal d of adjustment selected fI 0111 and by the Illenlbers. They shall serve a terl11 of one (1) yeal 01 until their appointment to the board is terminated, whicllevel is shorter, unless soonel lemoved 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 <lIlY 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. ! . A1\TEST: I\l ANDREA City CI " ~~ RENZO-LUACES s to legal form and sufficiency for inter Springs only Anthony A.. Garganese, City Attorney Fi~st Reading: September 9, 2002 Second Reading: September 23, 2002 Effective Date: September 23, 2002 F:\Docs\City of Winter Springs\Ordinances\Board Committee Ordinance.wpd City of Winter Springs Ordinance No. 2002-28 Page 8 of 8