HomeMy WebLinkAbout2003 05 12 Regular E Appointment to the Board of Adjustment
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearing
Regular X
May 12. 2003
. Regular Meeting
f^/ ,,\ L
Mgr. 1 ~pt.
Authorization
REQUEST:
The City Clerk respectfully requests that Commissioner David W. McLeod make
an Appointment to the Board of Adjustment.
PURPOSE:
This Appointment IS needed to replace a current vacancy on the Board of
Adjustment.
CONSIDERATIONS:
Commissioner David W. McLeod is requested to make an Appointment to the
Board of Adjustment to replace Mr. Greg Smith who is no longer serving on the
Board of Adjustment.
One additional note, on November 11, 2002 a resident was appointed to fill this
vacancy - however, the Appointee has never taken office.
At this time, a new individual needs to be appointed to the Board of Adjustment.
If this Appointment is not made at this Meeting, this matter will be placed on
subsequent Agendas until the vacancy has been filled, or as otherwise suggested
by Commissioner David W. McLeod.
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - MAY 12, 2003
REGULAR AGENDA ITEM "E"
PAGE20F2
FUNDING:
None.
RECOMMENDATIONS:
Commissioner David W. McLeod is requested to make an Appointment to the
Board of Adjustment.
ATTACHMENTS:
A. Information related to the Board of Adjustment; Ordinance 2001-49; and
Ordinance 2002-28.
COMMISSION ACTION:
ATTACHMENT
"A"
~ 20-57
WINTER SPRINGS CODE
Sec. 20-57. Duties; general.
The planning and zoning board shall serve as
the planning and zoning commission. It shall be
the duty of the planning and zoning board to
recommend to the city commission the boundaries
of the various original zoning districts and appro-
priate regulations to be enforced therein and any
proposed amendments thereto and shall collect
data and keep itself informed as to the best
practices generally in effect in the matter of city
planning and zoning to the end that it may be
qualified to act on measures affecting the present
and future movement of traffic, the segregation of
residential and business districts and the conve-
nience and safety of persons and property in any
way dependent on city planning and zoning. The
board shall recommend the boundaries ofdis-
tricts and appropriate regulations. In addition
thereto, the planning and zoning board shall
serve as the local land planning agency pursuant
to the county comprehensive planning act and the
local government comprehensive planning"act of
the state and the board shall commence such
duties on the adoption of the comprehensive plan
by the city commission.
(Ord. No. 44, 9 44.10, 1-8-68; Ord. No. 156, 9 2,
9-12-77)
Sec. 20-58. Assistants.
Expenditures for all professional and clerical
assistants employed in connection with the per-
formance of the functions of the planning and
zoning board shall be within the amounts appro-
priated for such purposes.
(Ord. No. 44, 9 44.12, 1-8-68)
Sec. 20-59. Recommendations.
The recommendations ofthe planning and zon-
ing b~ard to the city commission shall be in
writing and in duplicate, and shall show the
estimated cost and the suggested method or meth-
ods of financing. As soon as convenient, after the
recommendationsare'received by the city commis-
sion, the city commission shall call for a public
hearing regarding the regulation, restriction or
boundaries at which parties in interest and citi-
zens shall have an opportunity to be heard. Notice
of the time, place and purpose of the public
hearing shall be published once, no less than
fifteen (15) days prior to the time of the hearing in
a newspaper of general circulation in the city and
notice shall also be posted in three (3) conspicuous
places throughout the city. After public hearing,
the city commission shall consider and act upon'
the recommendations of the planning and zoning
board and upon completion of action by the com-
mission, the city clerk shall return to the plan-
ning and zoning board a copy of the recommenda-
tions with the commission's action noted thereon.
(Ord. No. 44, 9 44.13, 1-8-68)
Sees. 20.60-20-75. Reserved.
DIVISION 3. BOARD OF ADJUSTMENT*
Sec. 20-76. Creation.
There is hereby created a board of adjustment
for the city.
(Ord. No. 44, 9 44.17, 1-8-68)
Sec. 20-77. Composition, appointment of
members.
The board of adjustment shall consist of five (5)
members having designated seats one (1) through
five (5) with such numbers corresponding with a
commission seat. Each member shall be a citizen
and registered voter of the city and each appoint-
ment by the respective commission member occu-
pying the corresponding numbered seat shall be
subject to commission ratification.
(Ord. No. 44, ~ 44.18, 1-8-68; Ord. No. 105, ~ 1,
7-1-74; Ord. No. 214, ~~ 1, 2, 5-13-80)
Sec. 20-78. Term; filling vacancies; removal
of members.
The term of office of the members of the board
of adjustment shall run from the second Friday in
"'Editor's note-Ord. No. 577, ~ I, adopted Feb. 3, 1995,
amended Div. III, ~~ 20-76-20-84, of Art. II to provide that
the decisions of the board of adjustment shall ,be recommen-
dations to the city commission and that the city commission
shall be .the final authority for granting or denying requests
for variances, special exceptions or other-requests pursuant to
section 20-82. As Ord. No. 577 did not specify amendatory
language, the editor has amended the language of the provi-
sions ofDiv. 3 to conform to the requirements ofOrd. No. 577.
Cross reference--Boards, committees, commissions, ~ 2-41
et seq.
1318
July and each member appointed shall serve for a
term of two (2) years, or until his successor is
appointed and qualified. Except however, the first
board appointed shall serve terms as follows:
Seats two (2) and four (4), shall serve the full
two-year term ending July 10, 1982. Seats one (1),
three (3), and five (5) shall serve a one-year term
ending July 10, 1981. Vacancies on the board may
be filled by the commission member whose seat
number corresponds with the vacant board of
adjustment seat, subject to commission ratifica-
tion. If any commissioner fails to appoint a mem-
ber within two (2) regularly scheduled commis-
sion 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
by the commission for failure to perform their '
duties or for other misconduct in office or auto-
matically for failure to attend three (3) meetings
within any twelve-month period of time. For pur-
poses of removal, an absence from a specially
called meeting of the board shall count the same
as an absence from a regularly schedule meeting.
(Ord. No.. 44, S 44.19, 1-8-68; Ord. No. 105, S 1,
7-1-74; Ord. No. 214, SS 1, 2, 5-13-80; Ord. No.
260, ~ 1, 1-26-82)
Sec. 20-79. Appointment of chairman, vice-
chairman.
There shall be a chairman and vice-chairman
of the board of adjustment selected from and by
the members. They shall serve a term of one (1)
year or until their appointment .to the board is
terminated, whichever is shorter, unless sooner
removed by the board.
(Ord. No. 44, S 44.19.1, 1-8-68; Ord. No. 214, S 2,
5-13-80)
/
Sec. 20-80. Compensation; allowances for ex-
penses incurred in performance
of duties.
Members of the board of adjustment of the city
shall be reimbursed from the city treasury to
cover the expenditures naturally and necessarily
incurred by them and that such reimbursement
for expenses shall be established by resolution.
(Ord. No. 44, S 44.19.2,1-8-68; Ord. No. 219, S 2,
7-8-80)
ZONING
~ 20-82
Sec. 20-81. Meetings; quorums; records to
be kept.
The board of adjustment shall meet bimonthly
at a time set by its members. A special meeting
may be called at any time by the chairman or any
three (3) of its members if the need should arise.
Three (3) members shall constitute a quorum. No
action by the board of adjustment, except a vote to
adjourn or to continue a matter to a subsequent
date, shall be valid or binding unless adopted by
afl}.rmative vote of three (3) or more members of
the board. Complete records of all proceedings
shall be kept.
(Ord. No. 44, ~, 44.20, 1-8-68; Ord. No. 173, S 1,
9-8-78; Ord. No. 260, S 2, 1-26-82)
Sec. 20-82. Duties and powers; general.
The board of adjustment shall make recommen-
dations to the city commission to grant any vari-
ance or special exception as delineated in this
chapter.
(1) The board of adjustment shall have the
additional following specific powers and
duties:
a. 'Ib hear and make recommendations
on appeals only where it is alleged
there is error in any order, require-
ment, decision or determination made
by an administrative official in the
enforcement of any zoning ordinance
or regulations adopted.
b. 'Ib hear and make recommendations
to the city commission on special
exceptions as authorized under the
terms of the city's zoning ordinances;
to make recommendations to the city
commission on such questions as are
involved in determining when spe-
cial exceptions should be granted;
and to make recommendations to
the city commission on special excep-
tions with appropriate conditions and
safeguards, or to recommend denial
of special exceptions when not in
harmony with the purpose and in-
tent of the zoning regulations. In
granting any special exception with
appropriate conditions and safe-
1319
4'
.
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 SEVERAllILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted. the authority, under ~2(b), Art. VIII of the State
Constitution, to exercise any power for munjcipal purposes, except when expressly prohibited by
law; and .
WHEREAS, -the City Cemmission.desires; through -the establishment. of the-position 'of- -......-.-- -.-
"alternate member~~. to. the.. various. ooards.-and..-cemmisSioBBj' to. -enhanoe- the. publw1.s. r-espeet -and-. . _ _ ..,.... ...;....."_
confidence in the municipal services delegated to, and performed by, cityboards and committees and
to ensure that decisions of boards and committees are in the best interests of the city; and .
WHEREAS, the City Commission d~sires to establish uniform and consistent procedures
and requirements for establishing and/or abolishing boards and committees, and appointing and
removing members thereof, and for conducting board and committee business; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSIO.N....DF THR-ITTY 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
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 strikc.out type indicates deletions,
while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is
intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2. Administration
... ... ...
Article m. Boards, Committees, Commissions
. .
Division 1. Generally
... ... ...
Sec. 2-42. Appointments of boards and committees.
W 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 ap.pointing and removing
members thereof. and for conducting board and committee business.
The provisions ofthis'~onshall'not.be-deemed1ore.pealnrm1fdify art" citVotdinance or
provision of the .~ity.- cede. {'elating.,to .th~.estahlishmen~; 'operatimr of-anrboard'Uro;:-<;-' !"rnm"rt- .(IT
committees. but the provisions herein shall. be supplemental and in addition to such
provisions within the city code. .
ill 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 I~t 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 aboard or committee..ofthe.cio/.shall..satiso/-tn.e-following-r-equirements-;-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~
(1) Be a resident as defined in this section: and
ill Has never been convicted. or found guilty. regardless of adjudication. of a felony in
any jurisdiction. any plea of nolo contendere shall be considered a conviction for
purposes of thisp~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 majority vote of the city commission. Board and
committee members shall serve at the 'pleasure of the city commission and, may be summarily
removed at any time with or without cause.. A board or committee appointment shall not be
construed as creating'or conferring. upon a person. any right or interest in serving on a board
or committee including. but not limited. to a contract. liberty. property or vested right
uu Term;' All board and committee members shall be appointed to serve three-year terms and
may be reappointed by the city coriunission 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. orior to the expiration of their term. the City
Commission mav at its discretion appoint the first alternate member described below. or
other qualified individuaL whom shall serve the remaining- portion of the . unexpired -term~' ..:. . ... ....... ....
. ill Absences. Anv 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 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 Janum:y. unless there is no Janum:y meeting.
then the next meeting held. All newly established boards and committees shall make such
elections at .their re~arly held meeting arid then annually as stated above. Alternate
members (as provided below) shall not be elected to positions of chairperson or
deputy-chair.person.
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 unlessthey 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. .Iftwo (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.-Ineonsistent. 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 Ordinanc_e_shalLhe.come-effectiveimmediatel-y-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 B th day of OC tober , J) .
"
ZO-LUACES
to legal form and sufficiency for
inter Springs only
thony A. Garganese, City Attorney
..."
First Reading: September24~ 2001
Second Reading: October 8, 2001
Effective Date: October 8, 2001
F:\DOCS\City of Winter Springs\OrdinancesWtemate Board Members 2001-49 jpb.jd
City of Winter Springs
Ordinance No. 2001-49
Page 5 of 5
..
. .
ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, RELATING TO
THE OPERATION OF AND APPOINTMENT AND
REMOVAL OF APPOINTED MEMBERS TO CITY BOARDS
AND COMMITTEES; PROVIDING FOR THE REMOVAL OF
INCONSISTENT P~OVISIONS WITHIN THE CITY CODE
. AND CITY ORDINANCES; PROVIDING FOR THE REPEAL
OF PRIOR - INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under ~ 2(b), Art. VIII of the
State Constitution, to exercise any power for municipal purposes, except when expressly prohibited
by law; and
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 healtl~, 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
--...-inooFp6rat-ed-herein-by-this-ref-erence.
Section 2. Chapter 2 Code Amendment. The City of Winter Springs Chapter 2
is hereby amended as follows: (underlined type indicates additions and stIikeout 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 ofthis Code. it is the intent
of the city commission that the provisions of this section shall prevail The provisions ofthis'scction
~~~II?~: ~e deemed to repeal 01 nlodit) an)' city ordinance 01 pI 0 v isioll of the city code 1 e1atihg to
the. e.stablishnlent 01 opc,la:tion of any bOa1d or Gommittces, but the provisions herein shall be
supplemental and in addition to such pro\1isions \1Vitmll the city code.
* * * .
( e) Term. Unless otherwise provided by state or federal law. !!:MI 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 any regularly scheduled meeting of the board
or committee, or seven (7) five (5) absences from any meeting of the board or committee within a
twelve-month period (starting with the last absence and cOUliting backward), from any legularly
scheduled meeting, shall be' deemed automatically removed from the respective board or committee
-.... .--iI1-which-the-absences-have-eGGurred-:-Any-meeting-which-is-cancelled:-ot1rerthallfOfalacKora.-----.-.....
quorum. shall not be counted for purposes of determining absenteeism. Absences which occurred
prior to the date of reappointment of any board or committee member shall not be counted toward
automatic removal.
City of Winter Springs
Ordinance No. 2002-28
Page 2 of 8
(g) Chairmanships. Unless otherwise provided by state or federal law. eEach board and
committee shall be responsible to elect, by majority vote of the members of each board or committee,
a chairperson and vice-chairperson. The election shall occur annually at the first meeting held in
January, unless there is no January meeting, then the next meeting held. All newly established boards
and committees shall make such elections at their regularly held meeting and then annually as stated
above. Alternate members (as provided below) shall not be elected to positions of chairperson or
deputy-chairperson.
* * *
Sec. 2-57. Membership; appointment; qualifications, tel'llls.
taJ The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The membeJ s of the boat d shall be I esidents of the. hluniGipality and appointnlents
Appointments to the board shall be in accordance with the applicable law and ordinances on the basis
of experience or interest in the fields of zoning and building control. The membership of the
enforcement board shall, whenever possible, include an architect, a businessman, an engineer, a
general contractor, a subcontractor and a realtor or as otherwise provided by law.
{b1 The appointments to the Gode.enfulcemellt board shall be [01 a teIlll of three (3) Jea1S and
a membel may be reappointed upon applova:l of the Gity commission. Appointments to fill any
vacanGJ 011 the enfulcement board shall be for tIle remainder of the unexpired tel III of office; ffany
menlbel fails to attend two (2) of three (3) successivemeetihgs without Gause and without prior
approval of the chait man, the board shaH dedare the. membel's office vacant and the Gity commission
shall pron1ptIy fill SliGh vaCa11cy. MembeJs sha:ll sene in accOIdance. with the Code atld lUCl} be
suspended and J emo" ed fal cause as pro vided in such ordinances [01 1 emo val of membel s of boards.
* * *
Se~ 2-78. Tel ms, oOrganization; meetings.
The membeJ s ofDaWS shaH be appointed for a term ofthrec (3) }' eat 1', tlu ee (3). onlle initial DaVIS
members shaH be appointed for a term oftll1ee (3) years, two (2) ofthe initial Dbv/S members shail
be appointed roJ teIlns of two (2) years, and two (2) of the initial DO\VS membeJs shaHbe appointed
for the teull. of one (1) yeC'u, thereafter the telIllS sha:ll be tluee (3) years. Immediately upon
appointment, the menlbers ofthe Deautifkation of Winter Springs Doar d shalllue<?t MId 01 ganize and
shaH elcGt fiom among the membership a chaiullan, a vice-Ghairmcln, and a secretary, ~hose terms
ef-effiee shall be for the period of one (1) year-o. uutil thetr~ssors al e electeerBylp.e l11emoers
of the board. The Beautification of Winter Springs Board shall conduct' such meetings as may be
necessary to properly perform its duties and functions and shall establish rules or bylaws to govern
the manner in which its meetings and affairs are conducted. provided that such rules and procedures
are not inconsistent with federal and state law (where 'applicable). the City Code' or direction of the
City of Winter Springs
Ordinance No. 2002-28
Page 3 of 8
City Commission.
Section 3. Chapter 14 Code Amendment. The City of Winter Springs Code
Chapter 14 is hereby amended as follows: (underlined type indicates additions and stIikeout 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 of five (5) members who
shall be appointed fOl a term of tluee (3) yeats by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The successors of the origiliafappointees
.sllml be appointed for terms of three (3) years by lesolution of the city commission. Vacancies in the
board 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 bv the mayor. subject 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 board of trustees may be remOved at any time durin:g his tellu upon a
majority vote of the city commission. Any IIlember of the board of trustees who is absent fi:onllllore
than two (2) consecutive meetings sha:H automatically forfeit his position on the boatd.
WW 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'
--------cnapter f81snereoy amenaenas-f6llows: (Uffdeninecnype mdlcates anainons andSffiKOOUt 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 ofthe 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 ofthe City Code: by thereaftel hlembels shallser ve not more than two.
(2) consecutive J-year terms,. persons serving partial terltiS shall be el1titled to serve the partiM term
and two full con5ewtj~e J-yeal telms, vacancies in the committee shall be filled by the city
comrilission 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 dete~ine 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 ft om its nll~mbers a chailman and such officers as it may
. deem appropIiate, howe'\1er, each ad~i50ry committee shall designate from its members one person
who shall serve as the official liaison between the advisory committee and the city; such liaison shall
direct. all formal communications to the city manager regarding the business of the advisory
committee;
(5) All meetings ofthe advisory committee shall be noticed in advance and be held at city hall and
in all way'sconCfiiCtecrinconfofffiancewitlfall government in-tile-sunshine andoperr-pubUc:;recurd.s-----.
laws;
(6) On matters requiring a vote of the rl1embelship ofth~ advisory c'ollimittee, all members shall
vote unless an actual conflict of interest is stated on the record,
City of Winter Springs
Ordinance No. 2002-28
Page S of 8
(7) Each advisory committee shall meet not less than once quarterly failUl e to attehd three (3)
meetihgs ill all)' one (1) twelve-Iaontll period 01 three (j) consewtive advisory colUluittee lueetings
shall be ~Iouhds for relhoval.
Section 5. Chapter 20 Code Amendment. The City of Winter Springs Code
Chapter 20 is hereby amended as follows: (underlined type indicates additions and stIikeout 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 tel1n of office of the membel s of the pla:lll1in~ and zonin~ boal d shall I un fI om the second Priday
in July the and each Each member appointed shall serve as provided in Chapter 2 of the city code for
a teIlll of two (2) years, or until his successor is appointed and qualified. L"Xcept however, the filst
boald appointed shall sel ve terms as fofIows. Seats two (2) and foUl (4) shall serve tIle full two-year
tell11 ending July 10, 1982. Seats one (1), three (3), and five (5) shall serve a one-year term endin~
July 10, 1981. Vacancies on the board may be filled by the commi.ssion member whose seat number
corresponds with the vacant planning and zoning board seat subject to commission ratification. Ifany
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 comlllission for failure to perform theil duties or other lltlsconduct in office or
automatically rOI failure to attend three (3) meetillgswithin any twelve-Iaontll pedad oHime. POI
purposes oflemoval, an absence from a speciaRy caRed meeting oftlle board sllall COUltt the same as
. an absence froIll a regularly scheduled meeting.
Sec. 20-54. Reserved Appointment of chair man, lIke-chair man.
There shall be a chair mall and v ice-chait man ofthe plallrting alld zoning board seleGted fi onl and by
tile nlelubers. They shall serve a terra of one (1) year or until their appoiiltluent to the board is
-.----rerminateo: wloclrevel i'5~horteI; unles's 50\:'111;;1 -removed by -the-hoard-. -----.-..------------.-....---
'" '" '"
Sec. 20-78. Term; filling vacancies;' removal of members.
City of Winter Springs
Ordinance No. 2002-28
Page 6 of 8
TIle tel III of office of the Ihelllbers of the board of adjustlllellt shall I UII from the 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) yeals, 01 until his successor is appointed alId qualified. Except Ilowevel, the
filst boald appoihted shallselve telms as follows. Seats two (2) alId fOUl (4), shall serve the full
two-year tena endihg July 10, 1982. Seats olIe (1), t1uee (3), and five (5) sllall sel ve a olIe-year term
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 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 pel fOHn their duties or fur othel
misconduct ill office or automatiGalry for failure to attend tht ee. (3) Ineetings within any t w el v e-n10nth
period of time; For purposes ofremoval, an absence from a speCially called meeting ofthe board shaH
count the same as an absence from a regulatly schedule meeting.
Sec. 20-79. Reserved Appointment of chaiunan, \1ice-chailll1an.
Tllere shall be a chailman and viGe-chaiimaII of the boald of adjustIuent selected from and by the
Illembels. They shall sel ve a telm of one (1) year or until their appointment to the bOa1d is terminated,
which~er is shorter, unless soonel lemoved by the bOa1d.
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 ~ffect the validity
of the remaining portions of this ordinance. ..
. Section--9...... .-EfTecti:v.e-Date,-...-This-Ordinance-shalLbecome-effecti~ejmmediately.-upou--.
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
.' I.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of September , 2002.
I '.
A~. TEST:
I ,.
L
ANDREA
City CI
,.
~"
"N"~',_
. .
-.,.
NZO-LUACES
s to legal form and sufficiency for
inter Springs only
Anthony A.. Garganese, City Attorney
Fir:st Reading: September 9, 20'02
Second Readirig: September 23, 2002
Effective Date: Sept;ember 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
.,
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 COMMITrEES; PROVIDING FOR THE REMOVAL OF
INCONSISTENT PROVISIONS WITHIN THE CITY CODE
AND CITY ORDINANCES; PROVIDING FOR THE REPEAL,
OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
\
WHEREAS, the City Commission is granted the authority, under 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
1. .) 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 ofWmter 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:
Se~ti~l.~. ..__.~e~!!~.~~~.. .__ ._Ih~JQregQing--recitals- are-true-and. -c0r-r-eet---and--are'fhlly-" __ _______..m.
'incorjJoiited,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
I
I
City of Winter Springs
Ordinance No. !.002-28
Page 1 of 8
1J
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
ofthe city commission that the provisions of this section shall ~revail The P'o,~~~ ';it~ ~~::
~ :: ~~:c~ t~ ~~~ 01 Inro"'!) a.'Y <lly oldmauoc v. ro'''IC' cf tho I~ ~~;;: : 0:: :
~~. i.~~i:,,:,.et~t. Of ?~~alion of ..:y boa. d or. <O:'mMt_, but tho PI"', isic 0 i ,- I n
supplemental c1Hd In addItion tO,such provISIons wIthm 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, ex~essive absences, or resignation, prior to the expiration of their
term, the city commission may at its discretion appoint the first alternate member described below,
or other qualified individual, whom shall serve the remaining portion of'the unexpired term. .
(f) Absences. Unless otherwise provided by state or federal law. ~Any board or committee
member incurring three (3) consecutive absences from any regularly scheduled meeting of the board
or committee, or seven (7) five (5) absences from any meeting of the board or committee within a
twelve-month p'eriod (starting with the last absence and counting/backward). from any Iegtdatly
scheduled JU~eting, shall be deemed automatically removed frol!!. the resp.~f.tive bQ.ardmoI.hcommittee..____h..___m..
. '--in-whiclrthe absences"h:ave'occiirred~'-AiiYmeeilngwhIch--ls ca~celled. 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.iW02-28
Page 2 of 8
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(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.
It It It
See. 2-57. Membership; appointment; qualifications, tel DlS.
ta1 . The code enforcement board shall consist of seven (7) members to be appointed by the city
commission. The members of the boatd shall be lesidents of the municipality and appointments
Appointments to the board shall be in accordanc.e with the applicable law and 01 dinailces 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.
,; .,.-; (bJ" . The appointments to the. code. enrorcemc.ntbOa1d shall be for a telhl ofthrec. (3) yeals ahd
/"". a nien1ber may be reappointed UpOl~ a:ppro\'al of the city commission. Appointments to fill anJ
(" ) ~aCa1lcy on the enfurcement board shaH be ful the lemMnder ofthc. ullexpiled telln of office. ffany
member fails to.attend two (2) oftluce (3) succ.essive meetings without cause and without prim ...
appro val of tIle _~hairman, the bQard sha;ll decla1 e tile member's office 'V aca:nla11d the city.colil.1uissiQn. ....
shall promptIy fill such vaca:ncy..Membeu shaH se~e in acc.ordance with the Code and may be
suspended and remo\'ed fOI cause as plovided in Such ordinanc.es fur lemoval ofmembels ofboatds.
It It It
See. 2-78. Tel nlS, oOrganization; meetings.
The members ofDOV/S shaH bcappointcdfor a tennoftIrree (3) years, thtce (3) oftheinitialDO\VS
. members shaH be appointed fol atenn of three (3) years, two (2) of the initial DO-INS members shall
be appointed rot team ofmo (2) years, and two (2) of tile initial DOV/S menthols shall be appointed
fOI the telnl of one (1) yeClI, thereaftel the terms shall be three (3) yea.Is. Iltl:hlediately I1pon
appointment, the members of the Deautification or-Winter Springs POat d shall meet and 01 ga.liz;e and
shall elect fi om .~~lt~~~_~~~~~_~~l~(!i!ill@,_~..Y~~l1aim.1an,_and_a_sec1'eta~.,~.hose-tcl-ll1S. _._ .. ...._......
of offiGesllaIfbc for the peIiod of one (1) Yea! 01 until tIleiI successors ale elected by the Ihembers
of the boat d. The Beautification of Winter Springs Board shall conduct ~uch 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
':It :It :It
Sec. 14-52. Board of trustees.
(a) There is hereby created and established a board of trustees consisting of five (5) members who
shall be appointed for a term of tluee (3) years by resolution of the city commission. Each
commissioner shall have one (1) appointment to the board. The successors of the 01 iginal appointees
shall be appointed fur tetnls.oftluee (J) yeats b} resolution oHlle city commission. 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 by the mayor. subiect to the ratification by
the city corrunission. .
(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) A1ry melnber of the boatd oftmstees may be lenlo~ed at any time dUIingllis teull upon a
majOIity vote oHIle city cOllunission. Any membCI of tIle board oftmstGes who is absent flom mOle
than two (2) consecutive meetings shaH automatically forfeit his position on the bOcl.ld.
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.... . _Ch.ap,te.r.1.8..f:Qd~Am.e.ndm,e.nt.__ .. ._Ihe..._C.i.t~_o.f_W:inter -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).
)
j
City of Winter Springs
Ordinance N~ 2002-28
Page 4 of 8
1
./~
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 ofthe 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' theIeaftel membe1s shallselVe not more than two
(2) consecutive J-yeat tellns, persons selVing partial terms shall be entitled to sel \re the pal tial teun
and two full consecutive J-yeaJ. terms, 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 ma:.y elec.t fiom its mcmbels a chaitnl<~n and such officels as it may
deem appropLiate, however, each acnisory committee .shall designate from its members one person
who shall serve as the official liaison between the advisory committee and the city; such liaison shall
direct all formal communications to the city manager regarding the business of the advisory
committee;
. . _-<S..)___AILmeetings_ofthe_adY.isOI"y_c.ommitte.e..shalLb.e_noticedin.ady-ance_and..b.e_helcLaLcity_halLand___ ____.___. .
in all ways conducted in conformance with all government in-the-sunshine and open public-records
laws; .
(G) On I1latters requiring a 'Vote of the membeIship of the ad'Visol) committee, all members shall
v ote unless an actual conflict of intel est is stated on the [ecord,
)
.'
City of Winter Springs
Ordinance Na. 2002-28
Page 5 of 8
.
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(7) Each advisory committee shall meet not less than once quarterly failure to attehd t11ree (3)
1I1eetihgs in allY OhC (1) tWelvC-lllOlltl. period 01 tlIlcc (J) cOlIsecutive advisolY' conlluittcc, hleetihgs
shall be glOunds for telhoval.
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 of the members ofthe planning and zoning board shall ron ft om the second FI iday
in July the and each Each member appointed shall serve as provided in Chapter 2 of the city code for
"
- a teuu of two (2) yeats, or ulltil his successor is appoihted and qualified. Except howevet, the filst
(-) bOaId appointed shall set ve terms as follows. Seats t?40 (2) and fOUl (4) shall set ve the full two-yeai
... .., term enditlg July 10,'1982. Seats one (1), three (J), ahd five (5) shall set \Ie a ohe-year teun ending
July 10, 1981. Vacancies on the board may be filled by the commission member whose -seatnumber
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 ofthe city
code by' the commission for failure to peffornl their duties or other misconduct in office or
automatically rot failUle to attend tluce (3) meetihgs within any twelve-month peliod oftinle. For
purposes Ofl cmo val, an absence flom a spcciaHy called meeting onhe board shall count the Scl111cas
an absence fi 0111 a [egularly scheduled meeting. . .
Sec. 20-54. Reserved Appointment of chah man, ~ ke-chailluan.
There shall be a chairman and vice-chairman of the planning ahd zoning board selected frola arId by
---.----the-111e1nbers.-The}'--shalLser:v:e.a-ternl_oLone_(J.)_y.ear:_ol-untiLtheir:-appointntent-to-the-boa.rd-i~------_.... . .
terminated, whichever is shorter, unless sooner removed 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. tel m of office of tile IliehlbeIs of the boald of adjustment shall run fi 0111 tile secol1d VI iday in July
and each Each member appointed shall serve for a term as provided in Chapter 2 of the code of
ordinances of two (2) yeals, or until his successor is appointed and qualified. Except howe\<cl, the
first board appointed shall serve tel illS as follows. Seats two (2) al1d four (4), sllall sel ve.the KIll
two-yeaI tel.lll ending July 10, 1982. Seats one (1), three (3), and five (5) shallscl\le a ol1e-year term
ending July 10, 1981. Vacancies on the board may be filled by the commission member whose seat
number corresponds with the vacant board of adjustment seat, subject to commission ratification. If
any commissioner fails to appoint a member within two (2) regularly scheduled commission meetings
after a vacancy occurs or a term expires, that seat will be filled by the mayor, subject to the
ratification by city commission. Members shall be subject to removal from office as provided in
Chapter 2 of the City Code by the commission for failul e . to peJ forlll their duties 01 fOI otheJ
nlisconduct in office OJ automatically fur failmc to attend duee (3) meetings within any twel ve-month
period of time. For pm poses of remo vaI, an absence from a specially called lueeting of the boat d shall
count the same as an absence fi om a I egularly schedule meeting.
Sec. 20-79. . Reserved Appointment of chail man, "ice-cbail mall.
....
There shall be a chairmatl atld vice-chairman of the bOa1d of adjustment selected from and by the
h1.embers. They shaH serve a tCUll of one (1) ,eaf or mltif the.u appointment to the boa.! d is tGllUinated,
whiche\'er is shorter, unless sooner remo'\led by the bOa.Id.
1 )
Section 6. .Re.peaLof 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.
'-'-SmiOii-9~----Effmive-Date.---Tffis-Oroinance snaU-Become effective Immeolately upon
adoption by the City Commission of the City of Winter Springs, Florida, and as provided by City
Charter.
)
City of Winter Springs
Ordinance NQ. 2002-28
Page 7 of 8
,1/'
J
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular .
meeting assembled on the 23rd day of September , 200'2.
\
A 1\T~ST:
I\l
ANDREA
City CI
,.
Ii '____
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
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City of Winter Springs
Ordinance No. 2002-28
Page 8 of 8
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone: (407) 327-1800
Fax: (407) 327-4753
Webslte: www.wintersprlngsfl.org
May 14, 2003
Ms. Sharon Tackaberry
634 Cheoy Lee Circle
Winter Springs, Florida 32708
Dear Ms. Tackaberry,
In regards to your proposed Appointment to the Board of Adjustment, please complete
the attached application (which is a requirement per the passage of Ordinance 2001-49).
At your earliest convenience, please return the completed application to my attention at
the above address. Thank you for your assistance in this matter.
Please feel free to contact me at (407) 327-5955 should you have any questions.
Sincerely,
CITY OF WINTER SPRlNGS
Andre Lorenzo-Luaces, CMC
City Clerk
Attachment
..
.)
JOHN F. BUSH
OFFICE OF THE MAYOR
CITY OF WINTER SPRINGS, FLORIDA
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.wintersprlngsfl.org
June 25,2003
Ms. Sharon Tackaberry
634 Cheoy Lee Circle
Winter Springs, Florida 32708
I .;
Dear Ms. Tackaberry,
Congratulations! I am very pleased to offer you my Congratulations
oil your recent Reappointment to the Board of Adjustment. Your
name was submitted by Commissioner David W. McLeod at the June
23, 2003 Regular Meeting, and was unanimously approved by the City
Commission. Your willingness to continue to serve our City is very
much appreciated by the City Commission and myself.
Congratulations and please contact me if I can be of any further
assistance.
Sincerely,
~.~
John F. Bush
Mayor
JFB/alll
COPY: City Commission
Ronald W. McLemore, City Manager
Anthony A. Garganese, City Attorney