HomeMy WebLinkAboutOrdinance 2015-12 Staggering of Terms - BPAC and PARACORDINANCE 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 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 1.5.1 S 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, 201.5, the
term of each committee member assigLied by seat number shall be
retroactively sta ered to run concurrently with the same corresponding
city commissioner seat ex ce t 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 -stfV;Ie./ type indicates deletions):
Sec. 2 -45. - Parks and recreation advisory committee —Creation;
composition; appointment of members.
City of Winter Springs
Ordinance No. 2415 -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.11-assigned-by seat number shall be
retroactively staggered to run concurrently with the same corres ondin
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 -lar e
committee members currently serving on the committee on April 27 2015
and identified b al habetical order of their respective last names shall
have a term that ex ires on November 1 2017 and the remaining two
at-large committee members shall have a term that ex ires on November 1
2019. Thereafter all a ppointments 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).
(S) 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 S. 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.
CHA 1E S LACE ,
ATTEST-.
F�rr .
AND lI -0,� L0RENZ0- 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:
April 13, 2015
April 16, 2015
April 27, 2015
April 27, 2015
City of Winter Springs
Ordinance No. 2015 -12
Page 5