HomeMy WebLinkAbout2003 04 28 Regular F Appointment/Reappointment to Code Enforcement Board
COMMISSION AGENDA
ITEM F
Consent
Informational
Public Hearing
Regular
x
April 28. 2003
Regular Meeting
~
Mgr. /
Authorization
REQUEST:
The City Clerk requests that Commissioner Michael S. Blake make an
Appointment/Reappointment to the Code Enforcement Board to replace Ken
Furth who has resigned.
PURPOSE:
Commissioner Michael S. Blake is requested to make an Appointment to fill a
vacancy on the Code Enforcement Board.
CONSIDERATIONS:
. Ken Furth was appointed to the Code Enforcement Board by Commissioner
Michael S. Blake on February 22, 1999.
. Ken Furth submitted a letter of resignation from the Code Enforcement Board.
(dated April 11, 2003).
. Mr. Furth's Term of Office expires in July of 2003, so this Appointment
would be to complete Mr. Furth's current Term of Office.
CITY OF WINTER SPRINGS
REGULAR AGENDA ITEM "F"
CITY COMMISSION
REGULAR MEETING - APRIL 28, 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 Blake.
ATTACHMENTS:
A. A copy of Ken Furth's letter of resignation from the Code Enforcement Board.
B. An excerpt from the approved Minutes of the February 22,2003 Regular Meeting
of the City Commission.
C. An excerpt from the City's Code of Ordinances related to the Code Enforcement
Board; Ordinance 2001-49; and Ordinance 2002-28.
COMMISSION ACTION:
ATTACHMENT
"A"
ql!!IL~e3 1~:12 1-407-366-5068
JANE & KEN FURTH
PAGE 01
Date: 'f./;/~3
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ATTACHMENT
"B "
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 22,1999
Page 10 OF 13
There was further discussion on whether beautification designs should be extended to
include Oak Forest; and whether there should be a "cooperative" agreement between both
communities. Discussion.
Commissioner McLeod commended the Advisory Board for their many efforts regarding
this project.
Next, discussion ensued on public input and how this project is progressing.
Board Member Linda Tillis spoke on the merits of the Operations and Maintenance Plan.
This presentation included an explanation of which type of pole was proposed;
landscaping changes; and the maintenance and support for the nine entrances, 23
medians, and a Property Manager to maintain this project. There was further discussion
on the proposed Property Manager's job description.
Tape 2/Side B
Mr. Jim Lentz of the First Southwest Company spoke briefly on some of the financial
aspects involved with this project including refinancing; interest rates, and scheduling
Issues.
There was further discussion with Manager McLemore regarding the costs; cash- flow;
and capital improvements for this project.
Manager McLemore and Chairman Gilmore both addressed certain aspects of the formal
report. They discussed several options, the job description of the proposed Property
Manager. Commissioner Blake commented on Page 13 of the related report, as it
pertained to the non-residential parcels, located in the district. There was further
discussion on related costs, and the proposed project schedule, including some of the key
dates.
"I'LL MAKE A MOTION WE ACCEPT THE RECOMMENDATIONS OF THE
TUSCA WILLA BEAUTIFICATION AND LIGHTING DISTRICT BOARD, AND
INSTRUCT CITY MANAGER TO MOVE FORWARD". MOTION BY
COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ.
DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE; COMM][SSIONER
BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE; COMMiSSIONER
MARTINEZ: AYE. MOTION CARRIED.
City Clerk
1. Requesting the City Commission make an appointment to the Code Enforcement
Board.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 22, 1999
Page 11 OF 13
"I'D LIKE TO APPOINT OR NOMINATE MR. KEN FURTH FOR THE CODE
ENFORCEMENT BOARD POSITION". NOMINATION BY COMMISISONER
BLAKE.
"I'M GOING TO SUBMIT THE NAME OF AL WHITE". NOMINATION BY
DEPUTY MAYOR GENNELL.
Mayor Partyka also mentioned another nomination that was given to him - Janet LaPlaca
of 622 Murphy Road.
As there were three nominations, each Commission Member was asked to select their
first choice of the three nominations:
COMMISSIONER MARTINEZ: VERBAL VOTE FOR KEN FURTH.
DEPUTY MAYOR GENNELL: VERBAL VOTE FOR AL WHITE.
COMMISSIONER McLEOD: VERBAL VOTE FOR AL WHITE.
COMMISSIONER BLAKE: VERBAL VOTE FOR KEN FURTH.
Mayor Partyka asked the Commission if anyone wanted to change their vote. There were
no changes.
TO BREAK THE TIE, MAYOR PARTYKA VOTED FOR KEN FURTH.
Mr. Ken Furth was appointed to the Code Enforcement Board.
VII. REPORTS
A. City Attorney - Frank Kruppenbacher
No Report.
B. City Manager - Ronald W. McLemore
No Report.
C. Commission Seat III - Ed Martinez, Jr.
No Report.
ATTACHMENT
"C'.'
ADMINISTRATION
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 alter-
nate 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 mem-
ber.
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 alter-
. nate 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 mem-
ber 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.
(i) Multiple board or committee membership.'
'No member of any appointed board or committee
of the City of Winters Springs shall be allowed to
serve on more than one such.board or committee
at a time, with the exception of appointments to
ad hoc committees of temporary duration. Any
board or committee member, at the time of the
effective date of this subsection [Jan. 14, 2002]
who is a member of more than one (1) board or
committee, Illay continue to serve on each such
board or committee until the expiration of the
current term of each respective board, the mem-
ber resigns from such board or committee, or is
removed, in accordance with this Chapter, from
any such board or committee.
(Ord. No. 2001-49, ~ 2, 10-8-01; Ord. No. 2001-61,
~ 2, 1-14-02)
I
Sees. 2-43-2-55. Reserved.
Supp. No.2
~ 2-57
DIVISION 2. CODE~ ENFORCEMENT.
Subdivision A. Boardt
Sec. 2-56. Creation.
The city does herewith and does hereby create
a code enforcement board pursuant to the terms
of F.S. Ch. 162.
(Code 1974, ~ 2-51)
Sec. 2-57. Membership; appointment; quali-
fications; terms.
(a) The code enforcement board shall consist of
seven (7) members to be appointed by the city
commission. The members of the board shall be
residents of the municipality and appointments to
the board shall be in accordance with the appli-
cable law and ordinances on the basis of experi-
ence or interest in the fields of zoning and build-
ing control. The membership of the enforcement
board shall, whenever possible, include an archi-
tect, a businessman,' an engineer, a general con-
tractor, a subcontractor and a realtor.
(b) The appointments to the code enforcement
board shall be for a term of three (3) years and a
member may be reappointed upon approval of the
city commission. Appointments to fill any vacancy
on the enforcement board shall be for the remain-
der of the unexpired term of office. If any member
fails to attend two (2) of three (3) successive
meetings without cause and without prior ap-
proval of the chairman, the board shall declare
the member's office vacant and the city commis-
sion shall promptly fill such vacancy. Members
shall serve in accordance 'with the Code and may
.Cross references-Animals, Ch. 4; arbor, Ch. 5; build-
ingS and building regulations, Ch. 6; fire prevention and
protection, Ch. 7; flood damage prevention, Ch. 8; land devel-
opment, Ch. 9; licenses and business regulations, Ch. 10;
nuisances, Ch. 13; planning, Ch. 15; signs and advertising, Ch.
16; streets, sidewalks and other public places, Ch. 17; utilities,
Ch. 19; zoning, Ch. 20.
State law reference-Code enforcement boards, F.S. Ch.
162.
tEditor's note-For classification purposes, ~~ 2-56-
2-65 have been categorized as Subdiv. A, Board. See editor's
note at Subdiv. 'B, ~~ 2-66-2-69.8, herein.
139
~ 2-57
WINTER SPRINGS CODE
be suspended and removed for cause as provided
in such ordinances for removal of members of
boards.
(Code 1974, ~~ 2-52, 2-53)
State law reference-Membership, F.S. ~ 162.05.
Sec. 2-58. Election of officers; quorum; com-
pensation; expenses.
The members of the enforcement board shall
elect a chairman from among its members who
shall be a voting member. The presence off our (4)
or more members shall constitute a quorum ofthe
enforcement board. Members shall serve without
compensation, but may be reimbursed for such
travel, mileage and' per diem expenses as may be
authorized by the city commission or otherwise as
provided by law.
(Code 1974, ~ 2-54)
State law reference--Similar provisions, F.S. ~ 162.05(3).
Sec. 2-59. Code inspector; duties.
There shall be a code inspector who may be any
authorized agent or employee of the city. It shall
be his duty to ensure code compliance and to
initiate enforcement proceedings. No member of
the code enforcement board shall have the power
to initiate such enforcement proceedings. If it is
determined that there has been a violation of the
codes' of the city, the code inspector shall notify
the violator and give him a reasonable time to
correct such violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the enforcement board
and request a hearing pursuant to the procedure
hereinafter established. Written notice shall be
mailed to the violator by certified mail, return
receipt requested. Where mail would not be effec-
tive; notice shall be by hand delivery by the code
inspector. Notwithstanding the above, in the event
the code inspector has reason to believe a viola-
tion presents a serious threat to the public health,
safety and welfare, or the violation is irreparable
or irreversible in nature, the code inspector may
proceed directly to the hearing procedure pro~
vided in section 2-60 and make a reasonable effort
to notify the violator.
(Code 1974, ~ 2-55)
State law reference--Similar provision, FB. ~ 162.06(2),
(3).
Supp. No.2
Sec. 2-60. Hearings.
(a) Hearings of the code enforcement board
may be called upon request of the code inspector
or by the chainnan of the board or by written
notice signed by at least three (3) members of the
board. Future hearings may be set at any hearing
of the code enforcement board. The code enforce-
mentboard shall attempt to convene at least once
every two (2) months, but it may meet more or
less often as the demand necessitates. Minutes
shall be kept of all hearings by the code enforce-
ment board and all hearings and proceedings
shall be opened to the public. The city commission
shall provide clerical and administrative person-
nel as may be reasonably required by the code
enforcement board for the proper performance of
its duties. A member of the administrative staff of
the city shall present each case before the code
enforcement board. The testimony p~esented to
th~ code enforcement board shall be under oath
and shall be recorded. The code enforcement
board shall take testimony from the code inspec-
tor and 'the alleged violator. Formal rules of
evidence shall not apply, but fundamental due
process shall be observed and' shall govern such
proceedings.
(b) At the conclusion of the hearing, the code
enforcement board shall issue findings of fact,
based on evidence of record, and conclusions of
law and shall issue an order affording the proper
relief consistent with powers 'granted herein. The
findings shall be by motion approved by a major-
ity of those present and voting, except that at
least four (4) members of the code enforcement
board must vote in order for the action to be
official. . The order may include a notice that it
must be complied with by a specified date and
that a fine may be imposed if the ordElr is not
complied with by that date.
(Code 1974, ~ 2-56)
State law reference-Conduct of hearing, F.S. ~ 162.07.
Sec. 2-61. Powers.
The code enforcement board shall have the
following powers:
(1)
Adopt rules for the conduct of its hear-
,
ings;
'\
140
~.
.
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
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 SEVERAfJILITY; 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 munj.cipal purposes, except when expressly prohibited by
law; and .
WHEREAS, -the City Cemmission'desires; through the establi shment. of the-position 'ofHO _....-.-..- ...
"alternate member~~.tQo the.:vanous. boards-and. ,'CQmmissionB;' to.-enhanoe- the.public!s.respeet-ami-. .__. _,.... ,..;""....
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 dysires 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, THE_RE_FQRE.__THE~~cIT.Y~CQMMISSION_OF_THE_CITY_OF_WlNTER
-- ___. ..___...._ n__ ~
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
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 suikGout 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.
W Purpose. The pUlpose of this section is to.enhance the public's respect and confidence in the
municipal services delegated to. and performed bv. 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 of this'section-shall'not-be -deemedw repeal nrm1fdity any city ordinance or
provision of the .~ity.. code. i'elating...to .the:-.establishmen~; 'operation- of 'IUIV:-:board'OFT':~ . h'1>=w. QT-
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:
"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.
~ Requirements of board and committee members. Any person nominated. elected or appointed'.
to serve on a board or committee_ofthe-city.shallsatisfY-the-foUowing--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 adiudication. of a felony in
any iurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of thispa~agraph. .
@ 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 vc:::sted 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 'shall serve the remaining-portion 'ofthe . 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-chaiI:Person. The election
shall occur annually at the first meeting held in January. unless there is no Jan:wuy meeting.
then the next meeting held. All newly established boards and committees shall make such
elections at .their regularly held meeting mid 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 notbe permitted to vote on matters before the board unlessthev 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 provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. .... This_QrdinalKe_shalLbecome-effecti:veimmediately-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 th.e City of Winter Springs, Florida, in a regular
meeting assembled on the 8th day of OC tober J) .
Approv s to legal form and sufficiency for
of inter Springs only
thony 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\OrdinancesWtemate 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 THEREMOV AL 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 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
;.."",^rn."...n4-:_,.( . h ^__~ _ _ t....... .t....: "'l __c......_......-. __ _ __ ___________~~,,__~~~__~~
-~- UIVUl-pUl-a~"'U--1l"'1-"'1l1--UY--Ull~-1 t;lJCl t;U~t;~
Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2
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
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 oftllis'section
shall not be deemed to repeal 01 1I10dif) an'}' city 01 dinance or pI 0 v ision of the city code I elating to
the cstablishment 01 opel anon of any board 01 committees, but the pro v isions herein shall be
supplemental and in addition to such pro'\1isions within the city code.
* * *
(e) Term. Unless otherwise provided by state or federal law. a:AlI 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. ~;t\:ny board or committee
member incurring three (3) consecutive absences from any regularly scheduled meeting ofthe 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), from any regularly
scheduled meeting, shall be deemed automatically removed from the respective board or committee
~-- -in-which-the-absences-have-oeeuffed~Any-meeting-which-is-cancelled:-oth-er-tnan-fora-Iackof 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.
* * 'I<
Sec. 2-57. Membership; appointment; qualifications, telms.
W The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The membel1; of the boaId shall be Iesidents of the municipality and appointments
Appointments to the board shall be in accordance with the applicable law and OIdinanceson 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 appoiJitments to the codeenfOIcement boaId sllall be for a term oftruee (3) yeaIs and
a IhembeI may he Ieappointed upon appIOval of the city comnlisslon. Appointments to fill any
vacancy on the em-ot cement board shall be fOI the I emainder of the unexpiI ed tel m of ()ffice. ffany
member fails to attend two (2) of three (3) successive meetihgs without cause and without pIlOI
approval o[t11o chaiIluan, the board shall declare the membeI '5 office vacant and the city COI1l1hissioIl
shall promptly fill such vacancy. Members shall seI ve in accordance. with the Code and may be
suspended and I erno v ed for cause as pro\' ided in such ordihallCCS foI I emo v al of membeI 5 o[boM ds.
* * 'I<
Sec. 2-78. Tel ms, oOrganization; meetings.
The membeIs ofDO'vVS shall be appointed fOI a term o[three (3) }eaIS, thtce (3}o[the initial DO\VS
members shall be appointed for a term ofthtee (3) years, two (2) of the initial DO\VS members shall
be appointed fuI tellns of two (2) years, and two (2) o[the initial DO\VS hIembers shall be appointed
for tIle teilll of one (1) year, theleafter the teuus shall be tll1ee (3) years. Immediately upon
appointment, the members o[the Deautification o[Winter S pI ings DoaI ~ shallllleet MId organize and
shall elect fIOltl among the rnembel1;hip a chailluan, a vice-chairman, and a secletary, whose tentls
of:office shall be for the peliod of one (1) yearoruntil theiI succeSSOlS ale etoctea By the mem15ers
of the board. The Beautification of Winter Sp'rings 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 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 offive (5) members who
shall be appointed fOJ a term of three (3) yeals by resolution of the city commission. Each
commi~sioner shall have one (1) appointment to the board. The succeS50IS of the origillalappoilttees
. shall be appointed fOI teHllS oftmee (3) yeal S by I esolutioll of the city COhl1l1ission. 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 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 bv 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 menrber of the board of trustees may be reIl10ved at any time during his terIu upon a
majOIity vote of the city commission. Any n,embeJ of the board oftwstees who is absent f10m nlore
than two (2) consecutive meetings shaH automatically forfeit his position on the bOald.
~td1 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'
'---Cnapterr8-isnere15y amerfdeoas-f6llows: (unoerlined-type inOicates aooitions anostrikeouCtype
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 theleafteI mentbers shall sel\-e not more than two
(2) consecutive J-yeaI terms,. persons serving partial telll1S shall be entitled to sel ve the partic1l tell11
and two full consecutive J-year tellus, 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 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 fionl its members a chaiIluan aiId sllch officeIs as it may
deem appropriate, however, each advisory c0ll11l1ittee 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 mrouiger 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 conoucteo-in conformance with all govemmenCin-tne-sunsnine-an-d-o-p-en-public::re-cords-----
laws;
(G) On hlatteI s I equiring a v ote of the mehmership of th~ ad v isory cOlIlmittee, allluenlbeI s shall
vote uhless an actual conflict of inte. est 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 attehd till ee (J)
I.,eetiligs ih ahY one (1) twelve-hlohtll petiod 01 tIilee (j) cOhsewtive advisory conullittee meetihgs
shall be gIOunds for I erllo v .11.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 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 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.
The tel nl of office of the members of the planning and zoning board shall run fI orl! the second vr iday
ili July tIle ahd eadl Each member appointed shall serve as provided in Chapter 2 of the city code for
a term of two (2) years, 01 until his successor is appoihted and qualified. Except however, the first
board appointed shall ser \-e terl/lS as follows. Seats two (2) and four (4) shall se~e the full two-year
telIh eliding July 10, 1982. Seats one (1), three (J), alid five (5) shall serve a one-yea! term ehding
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 tile conullission for failuie to perfon., dleil duties or other misconduct in office or
automatically for failUIe to attend three (J) meetings within any twelve-montll period oftime. For
purposes of removal, an absence from a specially called meeting oEdiC, boald shall COUht the same as
an absence fi 0111 a I egulatly scheduled meeting.
Sec. 20-54. Reserved Appointment of chaillnan, l ice-chait man.
There slla11 be a chairl11ali ahd vice-chairman ofthe planning ahd zoning board selected from and.by
tIle nleltlbel s. They shall serve a ten., of one (1) yeal or until their appointrhent to the board is
--tetminate-d~whidrev-eri1n;horter;-tlnless-sm)ner-remo ved:-by-the-board. ---
* * *
Sec. 20-78. Term; filling vacancies; removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
Tile tenll of office ofthe nlerllbers ofthe boar d of adjustrtlellt shall! un f1 0111 the second Fr iday ili July
alId each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) ~ears, or untilllis successor is appointed alId qualified. Except howeve!, tlle
first board appointed shall sel ve terlIlS as follows. Seats two (2) alId fOUl (4), sllall serve the full
two-year tentl endilig July 10, 1982. Seats one (1), three (3), alId five (5) shallse",e a one-year tentl
eliding 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 rneetings
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 tlle cO!llnlissioli fo! failure to perro! In their duties or for othel
lllisCOllduct ill office or automatically for failure to attend tlu ee(3) ll:leetings within any t w eI v e-month
peliod of time. 1'01 purposes ofremoval, an absehce flom a speCially called meeting ofthe board shall
count the sanle as an absence fronl a regularly schedule meeting.
Sec. 20-79. Reserved Appointment of chail man, "ice-chailman.
Ther e shall be a chaillllclil and v ice-chainl1ah of the boar d of adjusthlent selected fl om and by the
rllelhber s. They shallserv e a tel m of one (1) year or until their appointment to the boar d is ter minated,
whicllever is shorter, unless sooner removed by tlle 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
b~ deemed a'separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance. ..
- - .---Section-9~-. -EtTective-Date....--J:his-Ordinance-shalLbecome-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:
t\L
ANDREA
'City CI
"
~~
NZO-LUACES
s to legal form and sufficiency for
inter Springs only
Anthony A. Garganese, City Attorney
Fir:st Reading.: September 9, 2002
Second Reading: September 23, 2002
Effective Date: September 23, 2002
F:IDocslCity of Winter Springs\Ordinances\Board Conunittee Ordinance.wpd
City of Winter Springs
Ordinance No. 2002-28
Page 8 of 8
,
/'
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 nON 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
bylaw; and .
-'i."
. .'. 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, ~d 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.. ._~e~!tals-,.._.. The foregQingrecitals..are_true.and. ,c0Ffeet-and--are-fuIly--- ____...
. Incorporated herein by this reference.
Section 2. Chapter 2 CodeAmendment. 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. 1002-28
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 ~revail The plo,i'.ion. oft: :~~:
~~l:~~ ~~:~:~;e~~~ :~~ ~1 ~~u~tfJ ciHY Clt} ordmance 01 rOvlslon ofthG City code a
~~e ~'''bIi~~~~tor ~'~l~;' of any bOMd or .Wllluntteos, bot tho "Io,i,ion. hClein ,"all be
supplemental and m additIon to .5uch pro v 1510115 w Ithm the cIty code.
i'. .)
* * *
(e) . Term. Unless otherwise provided by state or federal law. ~l 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 onhe unexpired term.
(f) Absences. Unless otherwise provided by state or federal law. ~*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 committe~ within a
twelve-month period (starting with the last absence and counting' backward). from ally regularly
scheduled meetil1g, shall be deemed automatically remo~.~~!f~m the resp~give bQardorcommittee____
--in-which-the-absenCeniil:ve-occurred~-Anymeetiiig 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 g
;
(g) Chairmanships. Unless otherwise provided bv 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.
'I< 'I< *
Sec. 2-57. Membership; appointment; qualifications, tel illS.
ta1 The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The members of the boald shall be lesidents of the municipality and appointnlents
Appointments to the board shall be in accordauGe with the applicable law aild 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.
( )
tbJ. The appointnlents to the code enfolcementboald shall be fO! a telm o[thr(.e (3) years and
a member may be reappointed upon appro\ial of the City commission. Appointments to fill any
~aca.1lcy on the enfurcement bOald shall be fOJ the Jemainder of the unexpired teliu of oHice. ffany
membe.J fails to attend two (2) oftIuee (3) successive meetings without cause and without plior--'
approval of the .c.haiuuan, the boat d sha;ll dec1al e the membet 's office v aCallt cl1ld the city.coJ/lluission. .
shall promptly fill such vacancy. .1vfembels shall ser~e in accordance with the. Code and may be
suspetlded and removed fOl cause as provided in such oldinatlCes for J emo val ofmembeIs of boards.
~\.
* * *
Sec. 2-78. Tel ms, oOrganization; meetings.
Themembcrn ofDO'NS shaH beappointedfoJ a teml oftlnee (J) yeats, three (J) oftheinitial DOV/S
. members shaH be appointed for ateull oftJl1e.c (J) ye.a1S, two (2) of the initial DOV/S members shall
bc appointed for terms oftwo (2) years, and two (2) offile initiM DOV/S members shall be appointed
for the teun of ono (1) yeal, thereaftel the terms shMI bo tluec (J) yealS. Imnlediately upon
appointment, the membeJ 05 of the Deautification of Winter Spl ings Doal d shall meet and organize and
shall elect ~_ ~~1!~_~1!~!!~~~&1iP-~~~.!:r!!~!1-~_.Y@.-_(~hairmall,_and_a_5ecletal:Yr~hose-tel-ll1s
of office-shall be for the peIiod of one (1) year or until theiJ sUCCCSSOl5 ale elected by the membels
of the bOal 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
1
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 Stl ikeout 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 6ftrustees consisting offive (5) members who
shall be appointed fOI a tellll of tluee (3) yeats by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The successors of the oliginal appointees
shall be appointed fur terms.ofthree (3) years by resolution of the city conullission. Vacancies in the
.,., board shall be filled by the city commission member whose seat number corresponds with the vacant
",,00,) 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 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) Any member of the bOaId of twstees may be lemoved at any tilhe durihg his telill upon a
maj01ity vote of the city commi.ssion. Any membei ofthe board ofuustcGS who is absent from hlOle
than two (2) consecutive meetings shaH automatic-ally folfeit his position on the bOald.
W(d} 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. Cbapter _HLCo_de_Amendment. _The_ _City_oLWin ter -Springs_tode__ _ ______
Chapter 18 is hereby amended as follows: (underlined type indicates additions and strik:eout 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 N~ 2002-28
Page 4 of 8
.
,..--..,
)
Chapter 18 - Taxation
1< 1< 1<
Sec. 18-55. Creation of advisory committees.
1< 1< 1<
(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;
fr....
(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 membeIs shall seI ve not more than two
(2) consecuti'vG J-year terms, pel sons serving paltial teIlus shall be entitled to serve the partial term
and two full cOhsecutivc. J-}'ear tenus, 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) 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 ma;y elec.t fi om its members a Chail man and suc.h officel s as it may
deel{l appropriate, however, each advisory oommitteeshall 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_)___ .AlLmeetings.ofthe.adYisoq'_committee.shalLbe.noticedjn.advance.and.be.held.atcity_hall.and____._
in all ways conducted in conformance with all government in-the-sunshine and open public-records
laws;
(6) On 1I1atters requiling a vote of the membership of the advisoIY c.onlmittee, allmembeIS shall
v ote unless an ac.tual c.onflic.t of interest is stated on the record,
)
.'
City of Winter Springs
Ordinance No. 2002-28
Page 5 of 8
t
./,.--~
(7) Each advisory committee shall meet not less than once quarterly failure to attend tllree. (3)
h1eetings in ahY Olle (1) twelve-nlollth pelibd or tluee (3) cOllsecutive advisoly cOllllllitte.e.lllectihgs
sllall be glOunds for rehlovaL
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.
The term of office ofthe members of the planning and zOhing bOa! d s11all I un fi onl the second Friday
in July tile and eac.h Each member appointed shall serve as provided in Chapter 2 of the city code fur
a term of two (2) years, or until his succ.essol is appointed and qualified. Except however, the fi[ st
( .) board appointed shall serve tellllS as follows. Seats two (2) and fOUL (4) shallsel ve the full two-yeai
term ending July 10, 1982. Seats one (1), three (3), alld five (5) shall serve a one-year ternl ending
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 schcduledcommission 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 ofthe city
code by the commission fOl failure to peifonh thei[ duties 01 other misconduct in office or
automatically ro[ failure to attend tluee (3) meetihgs withiil airy twelvc.-nlol1tll period of time. Por
purposes ofremoval, an absence from a specially called nleetihg ofthe board sllall count the same as
an absence from a regularly scheduled meeting. .
Sec. 20-54. Reserved Appointment of (hail man, "ice-chaillllan.
There sllall be a chairman and vice-chairman of the planning and zoning board selected from and by
_______the_melubels.-They-shalLseLv.e-a_ternl-of-one-p~-jea!--or-untiLtheir appointnlent to the board is
tenl1inated, whichever is shorter, unless so Oller 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
The tellll of office of the melliber s of the board of adjustment shall! un fi OIlI tile second Friday. in July
and eacll Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) years, or until his successor is appointed and qualified. Except however, the
first boald appointed shall ser ve telll1S as fullows. Seats two (2) alLd foUl (4), sllall scr vcthe full
two-YGar tellB endihg July 10, 1982. Seats one (1), three (3), and five (5) shall sene a ol1e-year tCllu
ehding 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 cOlll1uission for failur e to pel fortu their duties or for other
misconduct in office or automatically fur fallureto attend tIDee (3) meetings withih any twel ve-ruonth
per iod of time. For pur poses of r erllO val, an absence fi om a specially called rueeting of the boar d shall
COUlLt the same as an absence fi Of11 a regulafly schedule meeting.
Sec. 20-79. Reserved Appointment of cbai. nlan, "ke-chah man.
There shall be a chairman and \I ice-chailluan of the boar d of adjustment selected from and by the
hlembers. They shall serve a term of one (1) year or until their appointment to the boar d is terminated,
whichever is shorter, unless sooner removed by the board.
I )
Section 6. . RepeaLof 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~~-'EffectiveDate:- -TfusOroinance snalroecome effective immeoiately upon'
adoption by the City Commission of the City of Winter Springs) Florida, and as provided by City
Charter.
)
.. ,I
City of Winter Springs
Ordinance NQ. 2002-28
Page 7 of 8
j j
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of September , 2001.
\
A 1\T~..S'ST:
I\l
ANDREA
City CI
,.
~
.-.... -
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 of Winter Springs\Ordinances\Board Committee Ordinance.wpd
[ )
City of Winter Springs
Ordinance N~ 2002-28
Page 8 of 8
.......= Of F'.I:.I~ rUl'(IM
PAGE al
Date: If. /;1 ;;.3
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CITY OF WINTER SPRINGS, FLORIDA
JOHN F. BUSH
OFFICE OF THE MAYOR
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
City Telephone: 407-327-5956
Facsimile: 407-327-4753
Personal Mobile: 407-256-6987
Email: jfbush@winterspringsfl.org
City Website: www.winterspringsfl.org
April 29, 2003
Mr. Mathew Matisak
300 Sheoah Boulevard, #210
Winter Springs, Florida 32708
Dear Mr. Matisak,
Congratulations! I am very pleased to offer you my Congratulations
on your recent Appointment to the Code Enforcement Board. Your
name was submitted by Commissioner Michael S. Blake at the April
28, 2003 Regular Meeting, and was unanimously approved by the City
Commission. Your willingness to serve our City is very much
appreciated by the City Commission and myself.
You will be contacted by the Office of the City Clerk regarding your
duties and responsibilities as they pertain to this Board.
Congratulations and please contact me if I can be of any further
assistance.
Sincerely,
JFB/alll
COPY: City Commission
Ronald W. McLemore, City Manager
Anthony A. Garganese, City Attorney
DOCSI commiss i onlmembers/mayor/j 0 hnfbushl correspondence! ad visoryboardsan dcommi ttees/2 00310 1 7
2.doc