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HomeMy WebLinkAbout2012 08 27 Public Hearings 501 Ordinance 2012-11 Sunset of B.O.W.S./Possible Consolidation to P.A.R.A.C.COMMISSION AGENDA ITEM 501 August 27, 2012 Regular Meeting REQUEST: Informational Consent Public Hearings X Regular KS RS City Manager Department The Community Development Department and the City Attorney request that the City Commission hold a First Reading and Public Hearing for Ordinance 2012 -11, which effectively dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff, various other City Boards and Committees, and other parties deemed appropriate by the City Manager. SYNOPSIS: This agenda item is in concert with the Commission's desire to streamline the City's Urban Beautification efforts, including various programs of the Arbor Division and, as per a directive on August 13, 2012, the dissolution of the Beautification of Winter Springs Advisory Board and delegation to the City Manager of the responsibility of coordinating those duties with city staff, various other existing City Boards and Committees, and other parties as designated by the City Manager. CONSIDERATIONS: The Beautification of Winter Springs Advisory Board was formed in 1989 pursuant to City Ordinance Number (459) to assist in the City's master planning of beautification. Shortly thereafter, BOWS also became the City's Tree Board and helped to qualify Winter Springs as a 'Tree City USA' as part of the National Arbor Day Foundation's Tree City USA Program. The BOWS Board originally met twelve (12) times per year and has a total of five (5) appointed members. Throughout the years BOWS has provided valuable input on important programs including, Public Hearings 501 PAGE 1 OF 3 - August 27, 2012 but not limited to: The City's Annual Arbor Day Celebration, Neighborhood Improvement Grants, Historic Tree Designations, Memorial Tree Plantings, The City's Pole Banner Program, Grants from the Florida Division of Forestry and US 17 -92 CRA, Christmas Decorations throughout the City, and our Annual Christmas Tree Lighting Celebration. However, the City's overall beautification responsibilities have become increasingly more complex and time consuming to manage as our population has grown to upwards of 35,000 residents; while at the same time, operational budgets have decreased due to declining revenues of the past several years. As a result, the City Manager and staff have become primarily responsible for coordinating the efforts of the City's urban beautification, to include day -to -day management and cost containment, and the role of the City's Beautification Board has correspondingly diminished. Additionally, several other Boards including the Tuscawilla Lighting and Beautification Advisory Board, Oak Forest Wall Advisory Board, and, recently, the newly created Parks and Recreation Advisory Committee and the Bicycle and Pedestrian Advisory Committee have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction, resulting in the role of BOWS being further diluted, and in many cases has become redundant to other efforts. Finally, not withstanding a recent reduction in meeting frequency from twelve (12) to four (4) annually in an effort to reduce operational costs, recent vacancies on the BOWS Board have been increasingly difficult for the City Commission to fill with citizens who are willing to serve on this volunteer committee. At a regular Commission Meeting on August 13, 2012, the City Commission expressed a desire to streamline certain processes of the City's beautification efforts by dissolving the BOWS Board and codifying text amendments to the City Code that will allow the City Manager and staff the ability to act more swiftly and efficiently in serving the public. The flexibility to utilize various other current advisory boards, committees and volunteers as a resource is preserved in Ordinance 2012 -11 without additional delays in the business process. FISCAL IMPACT: If Ordinance 2012 -11 is approved, there will be a cost savings of at least $250 per meeting related to not having staff prepare for and attend the quarterly Beautification of Winter Springs Advisory Board Meetings. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, 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 applicable 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. This information has also 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 Public Hearings 501 PAGE 2 OF 3 - August 27, 2012 City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This proposed amendment will be scheduled to be publicly advertised in the Orlando Sentinel no less than 10 days prior to the second reading. RECOMMENDATION: The Community Development Department and the City Attorney request that the City Commission approve and move to second reading, Ordinance 2012 -11, which dissolves the Beautification of Winter Springs Advisory Board and delegates to the City Manager the responsibility of coordinating the City's Urban Beautification efforts with city staff, various city boards and committees, and other parties deemed appropriate by the City Manager. ATTACHMENTS: A) Ordinance 2012 -11 Public Hearings 501 PAGE 3 OF 3 - August 27, 2012 ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; REGARDING URBAN BEAUTIFICATION; AMENDING CHAPTER 2, DIVISION 4 OF THE CITY CODE TO DELEGATE TO THE CITY MANAGER THE RESPONSIBILITY OF COORDINATING THE CITY'S URBAN BEAUTIFICATION EFFORTS WITH CITY STAFF, VARIOUS CITY BOARDS AND COMMITTEES WITHIN THEIR RESPECTIVE ASSIGNED AREAS OF RESPONSIBILITY AND JURISDICTION, AND OTHER PARTIES DEEMED APPROPRIATE BY THE CITY MANAGER; PROVIDING FOR THE DISSOLUTION OF THE CITY'S BEAUTIFICATION BOARD; 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, currently the City operates an urban beautification division within the Community Development Department; and WHEREAS, in addition, the City also currently has several boards and committees that have been assigned various beautification related responsibilities within their respective areas of discipline and jurisdiction including the Parks and Recreation Advisory Committee, the Bicycle and Pedestrian Advisory Committee, the Tuscawilla Lighting and Beautification Advisory Board, and the Oak Forest Wall Advisory Board; and WHEREAS, the City's Beautification Board was created in 1989 pursuant to Ordinance No. 459 to assist the City in its beautification efforts; and WHEREAS, the City Commission recognizes that the BOWS Board has made significant contributions to the City's beautification efforts over the years and the City Commission wishes to thank all past and current BOWS board members for their dedicated service; and WHEREAS, the City Commission finds, however, that since the BOWS Board was created in 1989, the City has grown tremendously in terms of population and geographical size; and City of Winter Springs Ordinance No. 2012 -11 Page 1 of 5 WHEREAS, because of this growth, the City's beautification efforts and responsibilities have become more complex and time consuming to manage; and WHEREAS, because of the complexities involved in managing the City's overall beautification efforts on a day -to -day basis, the City Manager has, especially in more recent years, been primarily responsible for coordinating the efforts of the urban beautification division and the various boards and committees, and the role of the City's Beautification Board has correspondingly diminished; and WHEREAS, for purposes of eliminating redundancy and streamlining the management of the City complex beautification efforts and needs, the City Commission desires to amend the City Code to codify past City practices and dissolve the City's Beautification Board; 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 2, Division 4 of the City Code is hereby amended as follows ( underlined type indicates additions and type indicates deletions): DIVISION 4. — URBAN BEAUTIFICATION Sec. 2 -76. — 1K %a , , * Purpose and Intent The purpose of this Division is to emphasize the city commission's commitment to urban beautification throughout the city. The commission recognizes that various city boards and committees and city staff members play an important role in the city's beautification efforts within their respective areas of discipline and jurisdiction that have been assi ned by city code, the city commission and city manager It is the intent of this division to promote urban beautification within the city and to authorize the city manager to coordinate this effort in an efficient manner on behalf of the city. -. .. City of Winter Springs Ordinance No. 2012 -11 Page 2 of 5 Con 7 7Q • • Tai - ' f • Sec. 2 -79-7. — City Manaizer's Duties; Use of Existing City Boards and Committees (a) The talf IVAARPAW ABR c ity manager is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission in connection with the beautification and preservation of natural beauty of the city including the city's master beautification plan . To the extent deemed necessary and appropriate by the city manager, the city manag may assign these responsibilities to the city staff includin cit y's urban beautification division within the community development department. (b) The city manager is authorized to cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city, provided said use of the board or committee falls within the ,general scope of authority or jurisdiction assigned to the board or committee by the city commiLQ,LQion_ Sec. 2 -780. - Master beautification plan; recommendations to city commission. (a) The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No. 2012 -11 Page 3 of 5 �. . .. a 0 a �� AV& www" III NVII MINN. I IN I I 111 11 11 ir I Jbi 1111111 1 1111 VI 4 1111110 1LwA .10 . IL VA WmW JIMIIIR 0 0 lLwMMLMM U IWAMILAW&VAM Sec. 2 -79-7. — City Manaizer's Duties; Use of Existing City Boards and Committees (a) The talf IVAARPAW ABR c ity manager is empowered and directed to consider and study the entire field of beautification in the city, and shall advise, counsel and consult with the city commission in connection with the beautification and preservation of natural beauty of the city including the city's master beautification plan . To the extent deemed necessary and appropriate by the city manager, the city manag may assign these responsibilities to the city staff includin cit y's urban beautification division within the community development department. (b) The city manager is authorized to cooperate with civic groups, garden clubs, governmental agencies and other organizations regarding beautification, conservation of natural beauty, and related subjects. In addition, the city manager is authorized, to the extent deemed necessary and appropriate to use the various existing boards and committees of the city to consider beautification issues and to make recommendations to the city, provided said use of the board or committee falls within the ,general scope of authority or jurisdiction assigned to the board or committee by the city commiLQ,LQion_ Sec. 2 -780. - Master beautification plan; recommendations to city commission. (a) The city will prepare and maintain a master plan for the overall beautification of the city with regard to those areas owned by the city, and recommendations to private and public property owners. The master plan may consist of various documents approved by the city commission including, but not limited to, the comprehensive plan, city codes, subarea beautification, aesthetic, and architectural plans like the City of Winter Springs Ordinance No. 2012 -11 Page 3 of 5 Town Center District Code. To the extent the city commission or city manager deems it in the city's best interest, the T-h s shall work with the various city boards and committees, as well as other civic groups and governmental agencies operatinuwithin the environmental limits of the city, to promote and enhance the following: (1) Beautification efforts relevant to and recognized by the city including, but not limited to, beautification special assessment areas, entrance approaches to the city, parks and recreational facilities, recreational and bicycle trails, roadway medians, and conservation areas; (2) Surrounding county and other municipal jurisdiction areas which affect the impressions of visitors and citizens of the area with regard to the city. (b) The city manager shall recommend to the city commission such overall beautification projects as seem warranted and in the city's overall beautification interests., b-„ A QL A" r°frAi �p A"' 9:4f M"J:JMQI VPP11 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. City of Winter Springs Ordinance No. 2012 -11 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of September, 2012. 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: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2012 -11 Page 5 of 5