HomeMy WebLinkAbout2015 04 13 Public Hearing 503 First Reading of Ordinance 2015-12, Staggering of BPAC and PARAC Member Terms COMMISSION AGENDA
Informational
Consent
ITEM 503 Public Hearings X
Regular
April 13, 2015 KS
Regular Meeting City Manager Department
REQUEST:
The City Attorney and City Clerk request that the City Commission consider approving, on
First Reading, Ordinance 2015-12 proposing to retroactively and prospectively stagger the
terms of committee members appointed to the Bicycle and Pedestrian Advisory Committee
and the Parks and Recreation Advisory Committee.
SYNOPSIS:
The Bicycle and Pedestrian Advisory Committee and the Parks and Recreation Advisory
Committee were created by the City Commission in 2010. The Bicycle Committee has 5
members appointed by the City Commission seat number.
The Parks Committee has 9 members of which 5 are appointed by City Commission seat
number and 4 are appointed at-large. The members of these committees do not currently
have staggered terms. Therefore, all committee terms expire at the same time. This
situation has made the reappointment of committee members unmanageable at times and
may decrease the likelihood of continuity of experienced members on the committee.
Based on the City Commission's previous direction, Ordinance 2015-12 proposes to
retroactively stagger the terms of committee members serving on both committees. The
terms of committee members serving in seats 1 through 5 will correspond to the terms of
City Commissioner seats 1 through 5. The 4 members of Parks and Recreation Committee
serving in at-large seats will be staggered to expire in years when there are no city
commission terms expiring (aka off regular commission election years).
CONSIDERATIONS:
Public Hearings 503 PAGE 1 OF 4-April 13,2015
1. Ordinance 2010-06 created the Bicycle and Pedestrian Advisory Committee
(5 members appointed by City Commission seats 1 through 5) and the Parks and Recreation
Advisory Committee (9 members of which 5 are appointed by City Commission seats 1
through 5 and 4 are appointed at-large by the Mayor and City Commission).
2. Since the creation of these committees, the City Commission has made
appointments to the committees in accordance with the City's uniform board and committee
procedures set forth in Section 2-41 of the City Code, specifically:
(d) Appointment 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-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.
(2) 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.
(3) All appointments to a city board or committee are not effective
until the appointment is ratified by majority vote of the city
commission.
(4) 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.
(bold emphasis added).
3. Each committee member serves a four (4) year term. However, the terms of
the committee members are not currently staggered. The terms of Parks and Recreation
Advisory Committee members expire in January 2019 and the Bicycle and Pedestrian
Advisory Committee members expire in November 2018.
4. Due to the difficulty associated with making reappointments to an entire
committee at the same time, the City Commission recently directed the City Clerk and City
Attorney to determine a means to stagger the terms of existing committee members serving
on the these committees.
5. Staggering the terms of the committees will make future reappointments to
the committees more manageable and will increase the likelihood of maintaining continuity
Public Hearings 503 PAGE 2 OF 4-April 13,2015
of experienced members on the committee because the terms of all committee
members will no longer expire at the same time.
6. Ordinance 2015-12 proposes to retroactively stagger the terms of the
committees by making the term of each committee member, which has been assigned by
seat number, run concurrently with the same corresponding City Commissioner seat
number. Therefore, when the term of a City Commissioner seat expires in November of the
applicable City Commission regular election year, the term of the committee member with
the same corresponding seat number will also expire. However, because the Parks and
Recreation Committee also has four(4) at-large seats, those seats will be staggered to expire
on November 1 in years where there are no City Commissioner terms expiring (aka off
regular commission election years) in order to further stagger the terms of all members of
the Parks and Recreation Committee.
7. Ordinance 2015-12 will effectuate the staggering of Parks and Recreation
Committee members by shortening and modifying the current January 2019 term expiration
date. Specifically, the members assigned by seat will have a new term expiration which
corresponds to the term of the City Commissioner with the same seat number as follows:
Seat One Arnie Nussbaum November 2016
Seat Two Arthur Gallo November 2018
Seat Three James Van Kleunen November 2016
Seat Four Rick Lecky November 2018
Seat Five Ken Greenberg November 2016
In addition, with respect to the current four (4) at-large members of the Parks and
Recreation Committee, The new term expiration dates were randomly assigned by placing
the at-large members in alphabetical order as follows:
At-large Arsenio Calle November 1, 2017
At-large Louis Chaves November 1, 2017
At-large Lynn Dehlinger November 1, 2019
At-large Robert Osborne November 1, 2019
8. Ordinance 2015-12 will effectuate the staggering of Bicycle and Pedestrian
Committee members by shortening and modifying the current November 2018 term
expiration date. Specifically, the members assigned by seat will have a new term
expiration which corresponds to the term of the City Commissioner with the same seat
number as follows:
Seat One Janice Sorrentino November 2016
Seat Two Dan Finley November 2018
Seat Three Gary Brook November 2016
Seat Four Kok Wan Mah November 2018
Seat Five Kathleen Roy November 2016
9. Upon adoption of Ordinance 2015-12, the City Clerk is directed to notify the
affected committee members of their respective new terms and update the current
committee rosters accordingly.
Public Hearings 503 PAGE 3 OF 4-April 13,2015
FISCAL IMPACT:
None.
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
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.
RECOMMENDATION:
The City Attorney and City Clerk recommend approval of Ordinance 2015-12 on First
Reading.
Upon passage of First Reading, Ordinance 2015-12 will be publicly noticed in a newspaper
of general circulation for second and final reading/public hearing to be held at a subsequent
City Commission meeting.
ATTACHMENTS:
A- Ordinance 2015-12 (5 pages)
Public Hearings 503 PAGE 4 OF 4-April 13,2015
Attachment "A"
ORDINANCE NO. 2015-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTIONS 2-43, BICYCLE AND PEDESTRIAN ADVISORY
COMMITTEE, AND 2-45, PARKS AND RECREATION
ADVISORY COMMITTEE, OF THE CITY CODE FOR
PURPOSES OF RETROACTIVELY STAGGERING THE
TERMS OF THE RESPECTIVE COMMITTEE MEMBERS
EFFECTIVE APRIL 27, 2015; 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, pursuant to Ordinance 2010-06, the City Commission created a bicycle and
pedestrian advisory committee and a parks and recreation advisory committee and thereafter made
appointments to said committees pursuant to Section 2-41 of the City Code; and
WHEREAS,the terms of said committee members are not currently staggered; and
WHEREAS,the City Commission desires to stagger the terms of said committees in order
make future reappointments to the committees more manageable and for purposes of increasing
the likelihood of maintaining continuity of experienced members on the committee rather than
having the terms of all committee members expire at the same time; 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. Amendment to Section 2-43. The City of Winter Springs Code Section
2-43, Bicycle and Pedestrian Advisory Committee,is hereby amended as follows(underlined type
indicates additions and strikeout type indicates deletions):
City of Winter Springs
Ordinance No. 2015-12
Page 1
Sec. 2-43. - Bicycle and pedestrian advisory committee—Creation;
composition; appointment of members.
(a) Pursuant to Transportation Element Policy 1.5.18 of the city's
comprehensive plan, the city hereby establishes a trails advisory committee
which shall be known as the "Bicycle and Pedestrian Advisory Committee."
(b) The committee shall have five (5) members and membership on the
committee shall be in accordance with the terms of section 2-42 of this code
except as expressly provided in this section. Effective April 27, 2015, the
term of each committee member assigned by seat number shall be
retroactively staggered to run concurrently with the same corresponding
city commissioner seat. Thereafter, all appointments shall remain staggered
and shall be made for a term of four years. The committee may additionally
include ex officio members, who may or may not be residents of the city,
who can provide technical support or expertise in any aspect of the
committee's work. Such ex officio members will have no voting power and
cannot be used for the purpose of establishing a quorum for meetings. Any
commissioner or the mayor may appoint an ex officio member but such
appointment is not effective until ratified by majority vote of the city
commission.
(c) Appointees to the committee shall have knowledge and experience or
interest in the planning and implementation of a city interconnected trail
and bicycle system network, as determined by application. No person shall
be appointed with private or personal interests likely to conflict with the
general public interest.
(d) The committee shall conduct four (4) quarterly regular meetings each year
and may conduct additional special meetings as may be necessary to
properly perform its duties and functions.
(e) The committee shall establish rules and 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, the city code or
direction of the city commission.
(f) The committee shall be subject to the Florida Public Records Act and the
Sunshine Law.
Section 3. Amendment to Section 2-45. The City of Winter Springs Code Section
2-45, Parks and Recreation Advisory Committee, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions):
Sec. 2-45. - Parks and recreation advisory committee—Creation;
composition; appointment of members.
City of Winter Springs
Ordinance No. 2015-12
Page 2
(a) Pursuant to Recreation and Open Space Element Policy 1.1.2 of the city's
comprehensive plan, the city hereby creates a Parks and Recreation
Advisory Committee.
(b) The committee shall have nine (9) members and membership on the
committee shall be in accordance with the terms of section 2-42 of this
Code except as expressly provided in this section. Effective April 27, 2015,
the term of each committee member assigned by seat number shall be
retroactively staggered to run concurrently with the same corresponding
city commissioner seat and the four at-large committee members shall be
retroactively staggered whereby the first two at-large committee members,
currently serving on the committee on April 27, 2015 and identified by
alphabetical order of their respective last names, shall have a term that
expires on November 1, 2017 and the remaining two at-large committee
members shall have a term that expires on November 1, 2019. Thereafter,
all appointments shall remain staggered and shall be made for a term of four
years. The membership of the committee shall, whenever possible,
include the following:
(1) An active member of the Winter Springs Senior Association;
(2) An active member of a youth sports organization or program;
(3) An individual who is active in planning or assisting with special events of
the city;
(4) An individual who is active in an adult sports organization or program;
(5) An individual who uses or accompanies children in the use of city
playgrounds;
(6) An active member of a conservation group or agency, or an individual with
experience in the use of parks for public purposes;
(7) An individual who participates in or supervises children who participate in
the city's summer program(s), civic center program(s), camp(s) or other
similar program(s).
(8) An individual who is active in fundraising efforts;
(9) An individual with general interest in parks and recreation.
(c) Appointees to the committee shall have knowledge and experience or
interest in the planning and implementation of city parks and recreational
facilities, as determined by application. No person shall be appointed with
private or personal interests likely to conflict with the general public
interest.
(d) The committee shall conduct four (4) quarterly regular meetings each year
and may conduct additional special meetings as may be necessary to
properly perform its duties and functions.
City of Winter Springs
Ordinance No. 2015-12
Page 3
(e) The committee shall establish rules and 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, the city code or
direction of the city commission.
(f) The parks and recreation advisory committee shall be subject to the Florida
Public Records Act and the Sunshine Law.
Section 4. 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 5. 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 6. 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 7. Effective Date of Ordinance. 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.
Section 8. Effective Date of the Staggered Terms of Committee Members. The
staggering of the terms of the committee members who are subject to this Ordinance shall apply
retroactively in accordance with the terms and conditions of this Ordinance. The City Clerk is
hereby directed to promptly notify all affected committee members of this Ordinance and their
respective new committee terms adopted by this Ordinance. The City Clerk shall also update the
City committee member for each committee to reflect the changes adopted by this Ordinance.
[Adoption page follows]
City of Winter Springs
Ordinance No. 2015-12
Page 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 27th day of April, 2015.
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:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2015-12
Page 5