HomeMy WebLinkAbout2015 04 27 Public Hearing 500 Second Reading of Ordinance 2015-12, Staggering of terms for the BPAC and PARAC COMMISSION AGENDA
Informational
Consent
ITEM 500 Public Hearings X
Regular
April 27, 2015 KS ALLL
Regular Meeting City Manager Department
REQUEST:
The City Attorney and City Clerk request that the City Commission consider approving, on
Second and Final 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, except that
the committee member term shall expire on February 1 immediately following the
expiration of the term of the corresponding city commissioner seat. 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 500 PAGE 1 OF 4-April 27,2015
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
of experienced members on the committee because the terms of all committee members will
Public Hearings 500 PAGE 2 OF 4-April 27,2015
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, except that the committee member term shall expire on February 1 immediately
following the expiration of the term of the corresponding city commissioner seat.
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 on February 1 immediately following
except that the committee member term shall expire on February 1 immediately following
the expiration of the term of the corresponding city commissioner seat. 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 February 1 2017
Seat Two Arthur Gallo February 1 2019
Seat Three James Van Kleunen February 1 2017
Seat Four Rick Lecky February 1 2019
Seat Five Ken Greenberg February 1 2017
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 February 1 2017
Seat Two Dan Finley February 1 2019
Seat Three Gary Brook February 1 2017
Seat Four Kok Wan Mah February 1 2019
Seat Five Kathleen Roy February 1 2017
Public Hearings 500 PAGE 3 OF 4-April 27,2015
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.
10. The change directed by the City Commission on First Reading, on April 13,
2015, was incorporated into the final draft of the proposed Ordinance. Specifically, the
terms of committee seats will correspond to the same city commissioner seat, except that
the committee member term shall expire on February 1 immediately following the
expiration of the term of the corresponding city commissioner seat. This change will
afford a newly elected commissioner an additional two months after a regular election in
which to appoint a member to the committee before the committee member's term expires.
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 Second
and Final Reading.
ATTACHMENTS:
A- Ordinance 2015-12
B - Copy of Legal Ad
Public Hearings 500 PAGE 4 OF 4-April 27,2015
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:;trikcout 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, except that the committee member term shall expire
on February 1 immediately following the expiration of the term of the
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, except that the committee member term shall expire
on February 1 immediately following the expiration of the term of the
corresponding city commissioner seat. 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.
City of Winter Springs
Ordinance No. 2015-12
Page 3
(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 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
Attachment "B"
r-r<r'tto
THURSDAY, APRIL 16,2015 E" L. •
- _a
•
meeting. . . . I - - a .
There ma when NOTICE OF PUBLIC HEARING• ,1 such certi`+Ca e redeemed according o law, the
Supervisors,.r,,a ∎-4, :-itchy CITY OF WINTER SPRINGS +ghost bidder in property described in such certificate
, located at 109 will be sold to the highest bidder in
speaker telephone § NOTICE IS HEREBY GIVEN THAT Floor,Orlando, the Conference Room, located at 109
1 THE CITY COMMISSION at 10:00 a.m. E. Church Street, %th Eleor, Orlando
Any person rue;u;r::a -aerial PROPOSES TO CONSIDER: Florida on May-21-2075 at 10:00 a-m.
accommodations at this meeting ; Dated:Apr-02-2015
because of o disability or physical ,r ORDINANCE 2015-12 `1: Martha O.Haynie,CPA
impoerment should contact the District County Comptroller
Office at (407) 841-5524 at least forty- r AN ORDINANCE OF TY r- CITY tl Orange County,Florida
eight (48) hours prior to the meeting. COMMISSION OF THE CITY OF -d By:P D Garbush
If yoU are hearing or speech impaired, ,! WINTER SPRINGS, FLORIDA, x. Deputy Comptroller
please contact the Florida RelaY AMENDING SECTIONS 2-43,
Service et 1-800.955-8770, for rid in BICYCLE AND PEDE5TRIAN r 341S9,16,23,
contacting the District Office. OS31 d5135
: ADVISORY COMMITTEE, AND 04104,16,22,32.'2013
Each person who decides to appeal
245, PARKS AND RECREATION 1IFQR TAX DEED-
:1, NOTiCE0f APPLICATION FOR TAX DEED-
any decision made by the Board with ADVISORY COMMITTEE, OF THE . 'EVEN that CAP
respect to any matter considered CITY CODE FOR PURPOSES OF °MCTL2013 the NOTICE IS HEREBY GIVEN that CA:
at the public hearing or meeting is RETROACTIVELY STAGGERING ;. M
1 certificate has ONE AS COLL ASSN RCTL2013 the
THE TERMS Or THE RESPECTIVE r a TAX DEED holder of the following certificate hoe
advised that person will need a record COMMITTEE MEMBERS j,: The Certificate filed said certificate for a TAX DEED
of proceedings and that accordingly, EFFECTIVE APRIL 27, 201;; issuance, the • to be issued thereon. The Certificate
the person record need to ensure that PROVIDING FOR THE REPEAL ,perty, end the number and .year of issuance, the
reco
a verbatim rd o5 the proceedings ; OF PRIOR INCONSISTENT s]sse5sed are as description of the property, and the
is made, including the testimony and ORDINANCES AND RESOLUTIONS; names in Which it:oyes assessed are as
evidence upon which such appeal is to INCORPORATION INTO THE ER:201213151 follows:
be based. CODE; SEVERABILITY; AND AN 4i 4072 CERTIFICATE NUMBER:2012-15659
`' EFFECTIVE DATE. PROPERTY: YEAR OF ISSUANCE:2012
George S.Flint 'y 'i'ECTION ONE DESCRIPTION OF PROPERTY:
District Manager , PUBLIC HEARING PLAZA AT MILLENIUI
FOR SECOND READING :124-10-030 CONDOMINIUM 8667/1664 UNIT 20
Governmental Management,I LC Services- i, WILL BE HELD ON CLEMMIE T BLDG 1
Central Florida,I_LC ;fi PARCEL ID-B 15-23-29-7127-01-020
ORG3196109 4-9,41162015''..1; MONDAY,APRIL 27,2015 AT 6:00 P.M. '!' being in the Name in which assessed: ANA I_
OR SOON THEREAFTER IN THE t•te of Florida. SORIA•
ORANGE CDUNTL' " COMMISSION CHAMBERS LOCATED 5rte shall be ALL•of said property being in the
HOARD OF COUNTY COMMISSIONERS ' AT THE WINTER SPRINGS CITY 3: to low, the County of Orange, State of Florida.
NOTICE OF PUBLIC HEARING HALL 1126 EAST STATE ROAD 434 .:''uch certificate Unless such certificate shall be
WINTER SPRINGS,FLORIDA .;• hest bidder In redeemed according to law, the
The Orange County Board of County.:',.:' located at inn Property described in such certificate
Commissioners (BCC) will conduct,:: The proposed ordinance may be!1'.-loor, Orlando, will be Said to the highest bidder in
inspected by interested parties : it 10:00 a.m. the Conference Room, located at 10v
a public hearing on her 5, 2015, at; between 8 a.m. and 5 p.m., Monday' E. Church Street,4th Floor, Orlando,
2:00 a p.m.,or be as soon thereafter as the' through Friday, at the City's Clerk's ! Florida on May-21-2015 at 10:00 a.m.
matter may be heard, in the County Office,located at 1126 Gast State Rood Dated:Apr-02-2015
Orange County Chambers, First Floor, -. 434,Winter SPrinon,Florida.For more 5.
Martha O.Haynie,CPA
Orange County Administration Centex '!y information call (407) 327-1800 41227.;z County Comptroller
201 South Rosalind Avenue, Orlando, '.; Interested parties mot appear at the if Orange County,Florida
Florida, regarding the following meeting and he heard with respect By:P D Garbush
matte to the orcoceed ard'rnanee. Persons Ii Deputy Comptroller
with disabilities needing assistance to 8,09:02,09,16R0t5
'eceo .:rr, : -.rl ^pedal _ US3i53953 144,0',10,2"12013
public ion application to construct a ',shouparticipate in any Eof mployee these e Relations ions ` 'GRTAXDEEO-
public high school in on R-CE zoned should contact the Employee Relations VEN that CAP NOTICE OF APPLICATION FOR TAX DEED-
district at the property located at 5505 ('.Deportment Coordinator, 40 hours in ;o1CTL2013 the NOTICE IS HEREBY GIVEN that CAP
Winter Garden Vineland Rd. t side 535), lit advance of the meeting at (407) 327- ;, .Crfificate hos ONE AS COLL ASSN RMCTL2013 the
generally located on the east side of -'1P,00, Extension u 236. This is a public ,+TAX DEED holder of the following certificate has
Winter Garden Vineland Rd.,lust north ?hearing. It you decide to Oppeay the -he Certificate filed sold certificate for a TAX DEED
r. recommendotion/decision made by the
of the intersection of Winter Garden City Commission with respect to any issuance, the to be issued thereon. The Certlfirote
Vineland Rd. and PS0-013te Rd.; ;palter considered ai this meeting,you arty, and the number and year of issuance, the
Parcel ID 14"23"27-0000-00-013; -T-R: , ; sensed are as description of the property, end the
74-23-27;Orange County,Florida(legal • will need a record of the proceedings, names in which it was assessed are as
property description an file).(Board of " and .or such purposes,you may need S ,.2012-13487 follows:
Zoning Adjustment Case 8SE 13-07-046, to ensure that a verbatim record of the 112 CERTIFICATE NUMBER:2012-15063
Sept. 6, 2073.) The football stadium proceedings Is mode upon which the:1 PROPERTY: YEAR OF ISSUANCE:2012
for the high school would be located appeal Is hosed.Interested parties ore 1, THE N 5 FT DESCRIPTION OF PROPERTY:
off-site at Orange County's park i advised that then may appear at ,he i, .S 15 FT LOT PLAZA AT MIL_ENIUPj, ''
site known as the Dorman property, meeting and be heard with respect to ,, CONDOMINIUM 86671664 UNIT 173
located on the south side of st of tie the proposed ordinance. a .8-01261 BLDG 3
Rd. about one mile southwest of the" 053202108 495'2015 1. STANLEY PARCEL ID 01523-29-712.703-171
high school Site; Parcel ID 2323-27- Name in which assessed: RAFAEL
0000-00-006. This special exception _ - 0eing in the CASTRO
^^ ^• ^^ ••° - -- r of Florida. ALL of sold property being in thr:
•