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HomeMy WebLinkAbout2011 06 27 Public Hearings 502 Resolution 2011-30 and Ordinance 2011-09 Oak ForestCOMMISSION AGENDA ITEM 502 June 27 2011 Meeting Consent Informational Public Hearing X Regular Mgr. /Dept Authorization REQUEST: The City Attorney's Office requests that the City Commission consider the two options presented related to the status of the Oak Forest advisory committee meetings, and take final action. SYNOPSIS: The City Commission directed the City Attorney to provide it with options with respect to the Oak Forest advisory committee. Specifically, the City Commission expressed interest in requiring only one annual meeting for the Oak Forest advisory committee and further expressed interest in performing the duties of the Oak Forest advisory committee itself as the City Commission if this could be done in one meeting per year. Pursuant to this directive, the City Attorney's office reviewed the relevant City Code provisions and legislative history associated with establishment of the Oak Forest advisory committee. In doing so, the City Attorney determined that (1) advisory committees for special assessment areas, like the Oak Forest advisory committee, are required by Code to meet not less than once quarterly and (2) there is no mandatory obligation on the City to have an Oak Forest advisory committee. Therefore, the City Attorney's office has provided two options for consideration by the City Commission with respect to the Oak Forest advisory committee. The first option is to adopt an ordinance that would amend the City Code to require at least one annual meeting for advisory committees for assessment areas (the committees would not be prohibited from holding more frequent meetings). The second option is to adopt a resolution that would disband the Oak Forest advisory committee. In the event that the City does not have an advisory committee for the Oak Forest assessment district, issues related to the assessment district would be brought to the City Commission as an appropriate City Commission meeting agenda item. CONSIDERATIONS: 1. The City Commission directed the City Attorney to provide it with options with respect to (a) amending the Code to require only one annual meeting for the Oak Forest advisory committee and (b) to determine whether it is possible for the City Commission to disband June 27, 2011 Public Hearing Item 502 Page 2 the Oak Forest advisory committee and to take on to itself any obligations related to the Oak Forest special assessment district. 2. The City Attorney's office reviewed the relevant City Code provisions and legislative history associated with the Oak Forest advisory committee, and determined that (a) advisory committees for special assessment areas, like the Oak Forest advisory committee, are required by Code to meet not less than once quarterly and (b) there is no mandatory obligation on the City to have an Oak Forest advisory committee. The legislative history is summarized, in relevant part, as follows: A. On July 27, 1998, the City Commission enacted a special assessment ordinance pursuant to its Home Rule powers under Article VIII, Section 2(b) of the Florida Constitution and sections 166.021 and 166.041, Florida Statutes. Specifically, Ordinance No. 98 -704 provides for the creation of assessment areas and authorizes the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein. The ordinance also authorized the City Commission to establish advisory committees for assessed areas. B. On April 12, 1999, the City Commission enacted Resolution No. 877, which created the Oak Forest Beautification Advisory Committee for the purpose of providing the City with advisory recommendations related to the planning, design, operation and management of the Oak Forest assessment district, pursuant to Ordinance 98 -704. C. On April 10, 2000, the City Commission proposed creation of the Oak Forest Assessment Area by adopting Resolution No. 2000 -06, and subsequently imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000 -10, adopted on May 10, 2000. 3. Ordinance No. 98 -704 authorizes, but does not require, the City Commission to establish advisory committees for assessment districts. In particular, the Ordinance provides that "[t]he City Commission may establish by resolution an advisory committee for any assessment area within which assessments are imposed." [emphasis added.] However, there is no requirement that the City Commission establish such a committee. 4. Once an advisory committee for an assessed area is created pursuant to Ordinance 98 -704 as codified in Section 18 -55 of the City Code, the committee is required to meet at least once quarterly. 5. Based on the foregoing, the City Attorney's office has provided two options for consideration by the City Commission. 6. The first option is for the City Commission to consider and pass on first reading an ordinance that amends the City Code to require only one meeting per year for any June 27, 2011 Public Hearing Item 502 Page 3 any advisory committee for an assessed area. This requirement would not prohibit such committees from meeting more frequently if needed. 7. The second option for the City Commission to consider is to adopt Resolution No. 2011- 30, which repeals Resolution No. 877 and disbands the Oak Forest advisory committee. 8. If the City Commission adopts Resolution No. 2011 -30 and disbands the Oak Forest advisory committee, any issues related to the Oak Forest assessment district will be brought to the City Commission as an appropriate City Commission meeting agenda item. FISCAL IMPACT: There will be some cost savings to the City since the City Clerk's office and Community Development department will either not have to staff separate advisory committee meetings for issues related to the Oak Forest assessment district, or will be required to staff such meetings less frequently, depending on the option selected by the City Commission. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and all eAlert/eCitizen recipients; and is available on the City's website, LaserFiche, and the City's server. Additionally, portions of this Agenda Item are typed verbatim on the respective meeting agenda which has also been electronically forwarded to the individuals noted above; and which is also available on the City's website, LaserFiche, and the City's server; has been sent to City staff, media/press representatives who have requested agendas /agenda item information, homeowner's associations /representatives on file with the City, and all individuals who have requested such information; and has been posted outside City Hall; posted inside City Hall with additional copies available for the general public; and posted at five (5) different locations around the City. This Agenda Item is also available to any new individual requestors. City Staff is always willing to discuss this or any Agenda Item with any interested individuals. RECOMMENDATION: The City Attorney's Office recommends that the City Commission consider the two options attached to this agenda item and take final action. ATTACHMENT: Resolution No. 2011 -30 Ordinance 2011-09 RESOLUTION NUMBER 2011 -30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; DISMISSING THE OAK FOREST BEAUTIFICATION ADVISORY COMMITTEE; COMMENDING THE OAK FOREST ADVISORY BEAUTIFICATION COMMITTEE; PROVIDING FOR THE REPEAL OF RESOLUTION NO. 877 AND OTHER PRIOR INCONSISTENT RESOLUTIONS; 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 municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission enacted Ordinance No. 98 -704 on July 27, 1998 ( "Ordinance "), to provide for the creation of assessment areas and authorize the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, pursuant to the Ordinance, the City Commission created the Oak Forest Beautification Advisory Committee ( "Advisory Committee ") for the purpose of providing the City with advisory recommendations related to the planning, design, operation and management of the Oak Forest assessment district, pursuant to the Ordinance; and WHEREAS, on April 10, 2000, the City Commission proposed creation of the Oak Forest Assessment Area by adopting Resolution No. 2000 -06, and subsequently imposed special assessments within the Oak Forest Assessment Area by its Resolution No. 2000 -10, adopted on May 10, 2000; and WHEREAS, the City Commission desires to take on to itself the obligations related to Oak Forest previously performed by the Advisory Committee; and WHEREAS, the services of the Advisory Committee are no longer needed; and WHEREAS, the City Commission commends the Advisory Committee for their services to the City of Winter Springs; and WHEREAS, the City Commission finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Winter Springs, Florida as follows: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and CftC, cal S inC r Suing, lalc;rida Resolution ° a;mb r 20 i € -30 Passe I cif`2 correct and are hereby fully incorporated herein by reference. Section 2. Dismissal of Advisory Committee The Oak Forest Beautification Advisory Committee is hereby dismissed and shall have no other duties. Section 3. Repeal of Resolution No. 877 and Other Prior Inconsistent Resolutions. Resolution No. 877 is hereby repealed and all other prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Effective Date This Resolution shall take effect immediately upon its final passage and adoption by the City Commission. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 27th day of June, 2011. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney C ilv of O, inter Sprml , Florida Rosoluti n ' mil er 201 : -130 ORDINANCE NUMBER 2011 -09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; AMENDING THE CITY CODE REGARDING FREQUENCY OF MEETINGS FOR ADVISORY COMMITTEES FOR ASSESSED AREAS; 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 § 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 Code provides for the creation of assessment areas and authorizes the imposition of special assessments to fund the construction and maintenance of local improvements to serve the property located therein; and WHEREAS, the City Code provides that the City Commission is authorized to establish advisory committees for any assessment area within which assessments are imposed; and WHEREAS, the City Code requires that each advisory committee meet at least once quarterly; and WHEREAS, the City Commission desires to reduce costs and increase efficiency by decreasing the number of minimally required annual meetings for such advisory committees; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code of Ordinances, Chapter 18, Taxation, Article HI, Local Improvements Assessments, Division 2, Assessed Areas and Advisory Committees, is hereby amended as follows ( underlined type indicates additions and str-ikeati 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): Cio, c 1 nC r S rin , 11o. - ida Ordlirian,c Nuinhei 10 11 -09 I } <ru 1 c)1'3 CHAPTER 18. TAXATION ARTICLE III. LOCAL IMPROVEMENTS ASSESSMENTS DIVISION 2. ASSESSED AREAS AND ADVISORY COMMITTEES Sec. 18 -55. Creation of advisory committees. (d) Unless otherwise provided by resolution of the city commission: (6) Each advisory committee shall meet not less than once per year. "" 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. 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 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 the City Charter. C ilv cal' O, inter Sprml , Florida Ordnlamco No ')011- ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2011. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO- LUACES, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading_ Second Reading: Effective Date: C ilv cal' O, inter Sprml , Florida Ord nwinco No ')011 - IlaCe 3 of"!