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HomeMy WebLinkAboutOrdinance 2010-14 Uniform Requirements for City Boards ORDINANCE NO. 2010 -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE UNIFORM REQUIREMENTS FOR CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, amending the uniform requirements for City boards and committees will streamline and provide efficiency for the City; and WHEREAS, amending the uniform requirements for City boards and committees will be economically efficient for the City; and WHEREAS, the City Commission desires to appoint City board and committee members to staggered terms; and WHEREAS, the City Commission desires to appoint board and committee members to corresponding seats; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapters 2 and 14 are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicates unchanged text that has been omitted from this Ordinance. (It is intended that the text in Chapters 2 and 14 denoted by the asterisks and omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). * ** • • . - . - - ; ' 1 . . 1 1 - , I 1 , - 1 - O O. - 1 1 - - City of Winter Springs Ordinance No. 2010 -14 Page 1 of 6 of any rei nbui seimzit. - 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. (b) 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. (c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements, except as otherwise provided by state or federal law: (1) Complete a board or committee application as prescribed by the city commission; (2) Consent to a standard criminal background check; (3) Be duly registered to vote in Seminole County; (4) Be a resident as defined in this section; and (5) 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 this paragraph. (d) Appointment and r vow vul of members. Unless otherwise required by state or federal law, or specifically provided otherwise in the Code, each city board and committee shall be comprised of at least five seats numbered one, two, three, four and five, and appointments shall be as follows: (1) Each city commissioner shall appoint one member to the seat on each city board or committee that corresponds to the city commissioner's seat. Appointments shall be made within thirty (30) days of the expiration of the prior term for that seat. If an appointment is not made within such thirty (30) day time period, the appointment shall be made by a majority vote of the commission. The city commission may accept appointments made by any commissioner or the mayor regardless of seat number. City of Winter Springs Ordinance No. 2010 -14 Page 2 of 6 c2) For any seat not corresponding to a commission seat number, the city commission may accept appointments made by any commissioner or the mayor regardless of seat number. a) All appointments . . . . . . ' . ., ., . .. , . to a city boards or committees are not effective until the appointment is ratified by majority vote of the city commission. 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. (e) Removal of members. 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 :, -- • ... - - • 11 . . . , • ; , -, - •,••• . . • ,: • - . . : ..:1 • . • •• • • •, • : • • , • - ' .. • or vested li 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, such 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 thirty (30) days after a vacancy occurs or a term expires, that seat shall be filled by a majority vote of the commission. (e) (f) Term. Unless otherwise provided by state or federal law, all board and committee members shall be appointed to serve fourthree -year terms and may be reappointed by the . ity L-omrnission for subsequent foulthiee -year terms . All board and committee members shall be limited to three (3) consecutive full terms of office on any one board or committee. ,. - . •; -,- •... . :1 • • . .. ,, - - -- • ;. - - -- • • . •... • • 1 . . , l •" . - ..• • .•..: , •• • - • -- • - .. '. • - . - . • - ( (g) Absences. Unless otherwise provided by state or federal law, or for boards and committees that regularly meet on a quarterly or mess more frequent basis, any board or committee member incurring three (3) consecutive absences from any regularly scheduled meeting of the board or committee, or seven (7) absences from any meeting of the board or committee within a twelve -month period (starting with the last absence and counting backward), shall be deemed automatically removed from the respective board or committee in which the absences have occurred. For boards and committees that regularly meet on a quarterly or less frequent basis, the number of absences which shall cause automatic removal shall be two (2) consecutive or two (2) within a twelve month period. Any meeting which is cancelled, other than for 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. (g) (h) Chairmanships. Unless otherwise provided by state or federal law, each board and committee shall be responsible to elect, by majority vote of the members of each board or committee, a chairperson and vice - chairperson. The election shall occur annually at the first meeting held in January, unless there is no January meeting, then the next meeting held. All newly established boards City of Winter Springs Ordinance No. 2010 -14 Page 3 of 6 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. (h) @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 by law. Alternate members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Alternate members shall not be permitted to vote on matters before the board unless they have assumed the duties of an absent regular member. The member of the board who has served longer as an alternate member shall be the first alternate board member. If the first alternate member leaves the board or is appointed a regular board member, the successor to the first alternate board member shall be that alternate board member with the longer service as an alternate member. The next appointed alternate member shall be designated as the second alternate board member: In the absence of a regular member from an official board meeting, the first alternate board member shall assume all duties of the absent regular board member, including the right to vote on any matter before the board at that meeting. If two (2) or more regular board members are absent from an official board meeting, the second alternate member shall assume all duties of an absent regular member, including the right to vote on any matter before the board at that meeting. In the absence of the first alternate board member from an official board meeting, the second alternate board member shall act in the place of the absent first alternate, including the right to vote on matters before the board at that meeting if a regular member is absent at that meeting. (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, may continue to serve on each such board or committee until the expiration of the current term of each respective board, the member resigns from such board or committee, or is removed, in accordance with this Chapter, from any such board or committee. Secs. 2- 43- -2 -55. Reserved. 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. Sec. 2 -57. Membership; appointment; qualifications. The code enforcement board shall consist of seven (7) members to be appointed by the city commission to seats numbered one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) in accordance with Section 2- 42(d). Appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The membership of the code enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor or as otherwise provided by law. City of Winter Springs Ordinance No. 2010 -14 Page 4 of 6 * ** Sec. 2 -76. Created. There is hereby created "The Beautification of Winter Springs Board" (hereinafter referred to as "BOWS "). Sec. 2 -77. Composition; appointment of members. BOWS shall consist of five sevcA (7) members, I . . •... . • • . • I • • • • . • . . + • + V • _ • • . to be appointed and removed in accordance with Section 2 -42. * ** 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 . .. • . . • • . . and removed as set forth in Section 2 -42. , - - . - - •. - - . . . - • ...' . - .. �1 . • . .. - - - - ..• • - • . V' - - • , • 1 . •• . . - - . . . , .. . - •• • . . ... . - - , - .. • -- . • - - '. • • . , • . . . . . •• •, •. • • , . ' 1 - • .•... • . ", , (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) The board of trustees shall administer the city's pension plans pursuant to the provisions contained therein as adopted by the city commission. (d) Staggering of Terms. Beginning in January, 2012, seats two (2) and four (4) shall be appointed to four (4) year terms expiring in January 2016, and seats one (1), three (3) and five (5) shall be appointed to two (2) year terms expiring in January, 2014. Thereafter, all appointments shall remain staggered and shall be made for a term of four years. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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 City of Winter Springs Ordinance No. 2010 -14 Page 5 of 6 be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24` day of May, 2010. dill JO � . BUSH, iwIayoir ATTEST: A NZO- LUACES, City Clerk Approv$d as to legal form and sufficiency for the City i inter Springs only: 4 ANTH 1 ` A. GARGANESE, City Attorney First Reading: May 10, 2010 Second Reading: May 24, 2010 Effective Date: May 24, 2010 City of Winter Springs Ordinance No. 2010 -14 Page 6 of 6