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Home My WebLink About2011 07 11 Public Hearings 500 Oak Forest Second Reading Ordinance 2011-09COMMISSION AGENDA ITEM 500 July 11, 2011 Meeting Consent Informational Public Hearing X Regular 7 /S // "1 Mgr. /Dept Authorization REQUEST: The City Attorney's Office requests that the City Commission consider on second reading and adopt Ordinance 2011 -09. SYNOPSIS: The City Commission expressed interest either in requiring only one annual meeting for the Oak Forest advisory committee, or in disbanding the committee. 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 advisory committees for special assessment areas, like the Oak Forest advisory committee, are required by Code to meet not less than once quarterly. Additionally, the City Attorney's office determined the City Commission could disband the committee if it so desired. On June 27, 2011, the City Commission considered options presented by the City Attorney's office and passed Ordinance 2011 -09 on first reading. Ordinance 2011 -09 amends the City Code to require at least one annual meeting for advisory committees for assessment areas, rather than quarterly meetings. Ordinance 2011 -09 would not prohibit such committees from holding more frequent meetings. CONSIDERATIONS: 1. The City Commission initially 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 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 July 11, 2011 Public Hearing Item 500 Page 2 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. 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. 4. Based on the foregoing, the City Attorney's office provided two options for consideration by the City Commission. The first option was for the City Commission to consider and pass on first reading Ordinance 2011 -09, which amends the City Code to require only one meeting per year for any advisory committee for an assessed area. This requirement would not prohibit such committees from meeting more frequently if needed. The second option the City Commission considered was to adopt a resolution disbanding the Oak Forest advisory committee. The City Commission elected the first option, and passed Ordinance 2011 -09 on first reading on June 27, 2011. FISCAL IMPACT: There will be some cost savings to the City since the City Clerk's office and Community Development department be required to staff such meetings less frequently. COMMUNICATION EFFORTS: July 11, 2011 Public Hearing Item 500 Page 3 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 and adopt on second reading Ordinance 2011 -09. ATTACHMENT: Ordinance 2011 -09 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'ily cal' O, inter S prm1 , Florida )rdmam�o No, 2 011 - 0 9 IlaCe 2 of"! 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'ily cal' O, inter S prm1 , Florida )rdmam�o No, 2 011 - 0 9 IlaCe 3 of"! . - . � � THURSDAY, UUUME 30,'2011 . ��I .. .env oizneimer. can:au/-iei-»�Ia� ..v�.cer vmrc� avi i�ias, ber7rrnUle v�w�cz v� ' _- �- .. � � CAREGIVEH — wiil Iive INouT.� 75 yrs. Caunty, Florida, June 24, 2011, Clerk s Of�ice 48 houra irt advance of �' ' exp. lst Aid/CPR, HHA..407-91¢7363 CS - ihe meeting aT�(407� 905-3105 , i, 06/30/2011 BeTh Eikenberry, City CIeTk CNA — Seeks PT/FT or Live-in. 15vrs. NOTICE UNDER fICTITIOUS NAME STATUTE Exp. Good �Refs. Call 407-406-2538 � � . � OLS7739997 � �� `� COMPANIDN/HOUSE SITTING/COOK/ TO WHOM IF MAY CONCERN: ' ��Y� !; CLEAN — Cute qTtle Euro fpm seeks Notice is hereby given tha� the underv n{E qTy Of WINTER SPRIN6S honest help, to share house, The� signed pursuant to ihe FlcTitious � � work In 6 out. AnY Idep 407-372-2013 Name S1G}U}e', ChOpTE� � 865.09, FIoPI- Cm COMMISSION . � �. � 4 da STatutes, wjli reeister with ihe Divi- pROPOSES. TO ADOPT AND WILL` �'�' siorr of CorporaTlons, Deportment of HOLD A pU6LIC HEARING FOR , ,; State, State af.Florfda upon receipT of THE OLLOW�NCs proof of ihe publication of ihfs notice, � OROIN� NtlMBER 3mF09 + . . the fichifous name ta-wiT: AN Ofl01NANCE 0 THE Cffl' CO�yMIgS ON OE Hapglfnfl6ay iNE CITY OF WINTER SppIN6S FL�pIDA• HEAT & qlp JOBS - Ready to work? 3 under which (1 �am) twe are en e�aged F - in business at 380 S. State �oatl q34, AMENOING THE CIN'COpE RE8p�l01NB FNE week_QCCelerated program. Hands Suite 1004-119, Altamonte Sprines, FL DUENCY OF MEETIN6S FO�I AOVISORY COMI• on environment Nationwtde certifi- 32714. That the (partY) (partles) Inter• MITrEES FOR ASSESSEO �REA •�ppOVIDINC wtions and Local Job PlacemenT psted in said business enterpNse is us FOR THE REPEAL OF PRIOR INCO�$ISTENf pR, , Assistance! (877)994-9904 DINANCES ANO pESOLUTIoNS MfCOpPORA- follows: TION INTO THE CODE, SEYERAB�LITIF AND A '� PATIENT CARE TECH � BeMa M. Whaelet �CEO � N . A successful Bronda L Wheeier VP EFFECTIVE DATE Patient Care Technician Dated ni Altamonte Springs, Seminole MONUAY JULY fl�Ofi AT rx15 PM career starts with Concorde. Couniv, Fiorida} June 27, 201L OR SdON TNEI(EAFTER IN THE i 7-888-464•7792 or � COMMISSION CHAMBER$ � ��..CONCOqDE4ME.COM. � �� CSE1140930 � �-� r .. � py�p�p�� LOCATED AT THE WINTEp:BPqINO3 � ` CITY NALL � SHORT-TERM EMPLOYMENT-FOCUSED — NOiICE UNDEB FlCTITIOUS NAME STATUTE �126 EAST STATE ROAD p/ , Medical 8 Denial Training w/ WINTEfl SPRINGS, fIORIUA ! Central Florlda Institute ABHES/ TO WHOM IT MAY CONCERN: , The proposed.ordinance may be im �.'+CAAHEP* qccredited �(•Check Notice is herebv 9iven Thaxthe under• spectEd by InteresTed� parties�between-. `� ,. j Proerams)! Classes Enrollfne Now, signed pursuanf to the FictiTious 8 a.m, and 5 p.m., Monday ihrou9h � DoN�T WAITI eee-es9-793a Name Statu}e", Chapter 865.09, Flori- Friday, nT the 6ity's Clerk's Office lo- � da SfaTutes, will regtster with ihe Divi- cated at 1146 East State Road 434, U(fin- dl� , i TRUCK DRIVER TRAiNING sion of Corporaitans, Depariment of �r Springs; Flor(da. For�more tnfor•� State, S1a1e of Florida upon receipt of mation ca1l (4Q7) 327-7800-p227, InteN I Werner Needs Driver 7rainees! Praof of The publfcation of this notice, ested parties may appear at ihe meet-' No COL, No Problem! Trqin w/ ihe flctiTious name to-wit• �OS and be heard wiTh respec} to the Roadmaster 9n only ib days! pFJMpg'ppnMp' proposed ordinance. Rersons wiTh dis• �I CALL NOWI 866467-T37 under which (�I am) (we are) engaged- °bilities needinp assistance to parik(- ;�� in business at 7250 Red Bu9 Lake P°fe in any of ihese proceedlngs Road, #1000 Oviedo, FL 32765. 71iat should contact the Employee Relations; ' The (partyl (parties)interested in said Department Coocdinator, q8 hours im � I' busfness enterprise is as followr. advance of the meeTtn¢ at (q07) 327- AC�eSS Craig & fla6m Kealer, Trish,Walden, r�� Extensfon 236. These are pu6lic Ben Simanton - hearings. tf You decidE ip appeal any % Dated aT Oviedo, Seminole County, recommendatioNdecis(orr made by ihe t h o u s a n d s FloNda, June 2l, 201L CiTy Commiss(on� with respect To anv matfer considered at TBis meeting you � � CSE1140982 �� py302 wilf�need u record of ihe praceed�nes �. and fo� such purposes, you may nee� ' NOTICE UNDER FlCTITIOUS NAME STAME To ensure thai a verbat(m record of ��5 The proceedin9s is made uPon whlch' TO WHOM IT MAY CONCERN: The.apPeal ls based. Interested partles � Notice is hereby given tha� the under- are navised that ihey rnav appeor pt t0day siyned Fursuant ta the Fictitlous the meetiny and be heard with respecT i • Name Siatute', Chapter 865.09, Flori- to }he proposed ordinance. � da Statutes, will regisTer wiTh }he Div(- s(on of CorporaTions, Depariment of CSE1140581 ,^ y30�Q�� Stqte, STate of Flor(da uporr receiptrof ;` i O�� proof of ihe poblication of this notice, ' (�, OWNERS_ ihe fictitfous name, ta-wit: + � • The Irish Bover Catwin � i i; Sentinel � nder which (I am) (we are e�ea9ea Orlando Sentinel readers In business at 1467 Cralg Ct Port Or- � '�`�'�� ange FL 32129, That itie"(party) � OdandoSerroinel,cam cPa�tfes� interested in said business W�� 110tO� t0 �lOUf enterprise Is as follows: ' � a�m�. o�ao�� :classified automobile ad. , � < i , ; � . ; , _ ,. � �'_ a � % s ��, . . . . � .. . . �� r .i� s 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 III, Local Improvements Assessments, Division 2, Assessed Areas and Advisory Committees, is hereby amended as follows (underlined type indicates additions and stfikeeat 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): Cit of Winter Spring. Florida Ordinance Number 201 1 -09 Page I 01'3 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. quat4er4 y. * ** 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. Cit of Winter Spring, Florida Ordinance No 2011-09 Page 2 of 1 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the l l thday of July 2011. 4 irf CH S L rayor •TTE. A 1 ' 0 : ' ENZO- LUACES, City Clerk APPROV AS TO LEGAL FORM AND SUFFICIENCY FORT ITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading June 27 , 2011 Second Reading: July 11, ZU 11 Effective Date: See Section 6. City of Winter Spring, Florida Ordinance No. 2011-09 Page .3 of 3