HomeMy WebLinkAbout4172 Boards
1
ORDINANCE NO. 2009-4172
An ordinance of the City of Sanford, Florida amending the City Code
of the City of Sanford and pertaining to various City boards,
commissions and committees in diverse specific matters and all
board, commissions and committees, generally, as to diverse
general matters; providing for amendments to Sections 2-121,
Section 2-122, Section 74-81, Section 74-82, Section 74-83, Section 2-
245 and Section 2-246, Section 3.0 (Schedule S), Section 2-311,
Section 2-312, Section 2-313, Section 2-314, Section 66-73, Section
66-33, Section 2-201, Section 2-202 and Section 22-125 of the City
Code; providing for operational matters and processes and
procedures; providing for transitional matters; providing for deletion
of City Code references to board of adjustment and code
enforcement board; providing for conflicts; providing for a savings
provision; providing for severability; providing for codification in the
City Code and providing for an effective date.
Whereas, the City Commission of the City of Sanford desires to ensure that City
government is effective and efficient in all respects; and
Whereas, effective and efficient government includes the administration and
operation of City boards, commissions and committees, by whatever name, in a manner
in accordance with sound public management practices and principles; and
Whereas, the City Commission has the power and authority to regulate the
board, commissions and committees of City government except with regard to those
matters controlled by State law and County actions such as those which affect the
operations of the Sanford Airport Authority, Sanford Housing Authority and the
Community Redevelopment Agency of the City.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Revisions to Section 2-121 and Section 2-122 of the City Code.
The provisions of Division 1, Section 2-121 and Section 2-122, City Code of the City of
Sanford, are amended to read as follows:
Underlined text is added language to City Code and stril(etl:tr9~gl:t text is deleted
language to City Code. When all new text is presented, no underlining is shown.
2
DIVISION 1. GENERALLY
Sec. 2-121. Boards, commissions and committees.
(a) Permanent bodies; liaisons. The followina Pormanont boards, commissions and
committees of the City of Sanford are currentlv existina in accordance with the
orovisions of this Code 3ro as follows:
(1) Planning and Zoning Commission. Soo Chaptor 7<1 for tho oomposition and dutios
of this Commission. Tho staff liaison is tho diroctor of planning and dovolopmont
sorvicos, or suoh othor porson as tho City Managor may eosignato.
(2) Sanford Airport Authority. Soo Chaptor 71 92<1, HmlGo Bill 2390, Laws of Florida
1971, for tho oomposition and dutios of this authority.
(3) Community Redevelopment Agency. Soo Chaptor 7<1 for tho oomposition and
dutios of this agonoy. Tho staff liaison is tho dir{)otor of ooonomio dovolopmont and
promotions, or othor suoh porson as tho oity managor may dosignato.
(4) Civil Service Board. Tho staff liaison is tho dirootor of human rosouroos, or othor
suoh porson as tho oity managor may dosignato.
(5) Historic Preservation Board. Tho staff liaison is tho prinoipal plannor or othor suoh
porson as tho oity managor may dosignato.
(6) Boare of Af1jf;JstmcJflt ane /\f)Poa/s. Tho staff liaison is tho building offioial, or othor
such porson as tho oity managor may dosignato.
(7) CitimRs I\ev.;sory Boare. Tho staff liaison is tho ohiof of polioo, or othor suoh
porson as tho city managor may dosignato.
~ Firefighters Retirement System Board of Trustees. Tho staff liaison is tho dirootor
of finanoo, or othor such pOFGon as tho oity managor may eosignato.
Underlined text is added language to City Code and stfil(etluewgl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
3
ill ~ Police Officers Retirement System Board of Trustees. Tho Gtaff liaiGon iG tho
dirooter of finanoo, or othor suoh parGon as tho oity managor FRay E1osignato.
.au ~ Sanford Housing Authority. Soo ROGolution 802 of May 20,1941; ROGolution
60a of May 26, 1941; and Rosolution 764 of OotoBor 10, 1949, ROGolutionG of tho City
of SanfoFd for tho composition and dutiOG of tho 3uthority.
fill f44t Sanford Museum Board. Tho &taff liaison iG tho mblGOblm curator, or othor
Euoh parson as tho oity managor may dosignato.
(10) Imoact fee advisory committees.
(b) Other bodies. Other boards. committees, and commissions. by whatever name
(such as 9F task forces) may be created or appointed from time-to-time under authority
of the City Commission.
(c) NotiGes ef meot.ings. ^" boards, oommissions, oommittoos ane task for{)oG shall
obsorvo tho samo rulos for posting notioos of mootings as aro obsorvod by tho City
Commission.
~ Liaisons, attorney, engineer. The City Manaaer shall be resoonsible for aooointina
a City staff liaison for each board. commission or committee. Designated staff liaisons
are authorized to provide support and assistance for each board, commission or
committee, including expenditures budgeted for that purpose. Only the City Commission
or City Manager may authorize the City Attorney or any outside consulting engineer to
provide services for a board, commission or committee, oommission or task foroo.
Sec. 2-122. Organizational provisions.
(a) Aoolicabilitv /\Wliootion. This section applies to all tho flormanont boards,
commissions or committees listod in this ohaptor, except to the extent otherwise
Underlined text is added language to City Code and stril(et~F9yg~ text is deleted
language to City Code. When all new text is presented, no underlining is shown.
4
specified in State statute or otherwise orovidEld in this Code anothor ominanoo. ~
Section shall not aoolv to the Citv's canvassina boards as mav be established from
time-to-time. to the soecial events review committee. to the develooment review
committee. the olans review committee or entities of a similar nature. when so soecified
by th~ City Commission: orovided. however. that the orovisions of State law relative to
l?uQlic records. oUQlic meetinas. oublic notice and similar procedural reauirements shall
be aoolicable.
(b) Positions; qualifications: residency. Each member shall be appointed to a specific
numbered position. Proforonco shall bo gi'lon to applioantf> who roGiElo or own/opomto a
bUGinoGf> within tho City. Absent a controllina orovision in Federal. State. County or City
law. ordinance. rule or reaulation. every aooointee must. at the time of aooointment. be
a resident of the City and an elector of Seminole County: orovided. however. that this
reauirement may be waived by a fourth fifths vote of the City Commission. A member
who ceases to meet bo a residont, whon rOGidonoy if> a requirement for aualification e:f
tho position, shall be deemed to have resigned uoon the failure to maintain the
Qualification for office and shall be replaced at any time thereafter by the City
Commission, but may sAa# continue to serve on an interim basis until a successor is
qualified--S.!l9 appointed if the member's interim service is aooroved by the City
Commission.
(c) Terms. Each position shall have a four-year term of office with each
beginning on October Soptombor 1 of 2 an odd numboFod calendar year. Each member
appointed shall serve for the specific term, or the unexpired portion thereof, of the
specific position to which the member is appointed. A Qualified member shall also serve
Underlined text is added language to City Code and stFiltetl:tf8~gl:t text is deleted
language to City Code. When all new text is presented, no underlining is shown.
5
after the expiration of a term of office until a successor is aooointed Golootod and
qualifiod. The orovisions of this Subsection relatina to terms of four years shall not aoolv
to the Board of Trustees of the Firefiahters' Retirement System and the Board of
Trustees of the Police Officers' Retirement System.
(d) Vacancies. In the event of death, resignation, removal from office or any other
vacancy, a successor shall be appointed to serve the remaining unexpired portion of the
specific term of office of the vacant position.
(e) Removal. The City Commission may, by majority vote, remove a member for
cause upon written charges after notice and public hearing by reason of (i) three (3)
unexcused absences within a twelve (12) month oeriod as determined bv the City
Commission failuro to attond w.'o of throo consooutivo mootings without oKousod
absonoo or (ii) misfeasance, malfeasance aR{#or dereliction of duty or such other
conduct that orovides for removal under a controllina orovision of law includina. but not
limited to. the "City of Sanford Governmental Public Officials Ethics Ordinance".
(f) Officers. The City Commission may, from time-to-time, designate one member as
the presiding officer who shall serve until another presiding officer is 59 designated. A
chairoerson and vice-chairoerson shall be elected from the members at the first meetina
of each calendar Year.
(g) No compensation. Members shall receive no compensation for their services.
(h) Quorum. A quorum is half the number of the votina membershio. includina
alternate members who are oarticioatina as votina members. of the board. commission
or committee membors appointed and holding non '1aoant positionG, but novor fa'l/or
than throo. Continuances of meetinas and hearinas under exiaent or unusual
Underlined text is added language to City Code and stf'il(et~rEl~g~ text is deleted
language to City Code. When all new text is presented, no underlining is shown.
6
circumstances may be accomolished administratively without the vote of a auorum in
accordance with Citv oolicv as established by resolution adooted bv the City
Commission.
(i) Term limits. No member shall serve more than three consecutive terms on the
same board, commission, or committee. This term limitation shall not aooly to the
Firefighters Retirement System Board Of Trustees and the Police Officers ~~tirement
System Board Of Trustees.
(D. Absences. Each reaular member and each alternate member shall notify the
desianated City staff liaison when it is anticioated that the member will be absent from a
meetina. At the meetina. the body may vote to excuse the absence orovid~Q that the
staff liaison was notified at least twenty-four (24) hours prior to the scheduled meetina:
orovi(jeq. however. that less notice will be acceotable in the event of exiaent
circumstances facina the member and causina the absence.
(k). Alternate members. In addition to aooointina reaular members. the City Commission
may also aoooint alternate members in such numbers as it deems aoorooriate to serve
in the event of absences by reaular members: orovided. however. that this orovision
shall not applv to appointments to the Firefiahters Retirement Svstem Board Of
Trustees and the Police Officers Retirement System Board Of Trustees. Alternate
members shall have all of the riahts and orivileaes of reaular members and shall be
subiect to the same reauirements as reaular members. Alternate members may attend
all meetinas of the body to which aooointed. but may only vote when fillina the position
of an absent member ei~her for an entire meetina or a oarticular vote or set of votes at a
meetina deoendina uoon the duration of the absence of a member: orovided. however.
Underlined text is added language to City Code and stril(EltRrSygR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
7
that once a member is absent from a meetina. that member shall not reaain his or her
seat on the body unless a auorum is lackina in the meetina subseauent to his or her
absence. Alternate members shall not oarticioate in the debate on matters that are
auasi-iudicial in nature when not sittina as a votina member. but the Chairoerson. in his
or her discretion. may oermit oarticioation of alternate members when matters are
advisory in nature. Alternate members may serve in the apsence of a member of the
body whether for an entire meetina or for a oarticular vote or set of votes at a meetina. If
more than one (1) alternate is aooointed to a body. they shall serve in a rotational
method or bv means of the order of aooointment if no rotation has been established with
the first aooointed alternate member servina first. It is the duty of members to advise the
staff liaison of their exoected absence from a meetina as earlv as oossible.
(I). Method of creation.
Advisorv bodies shall be created bv resolution as oooosed to
ordinance exceot in unusual circumstances or in the event that controllina law reauires
otherwise.
(m). District reDresentation.
In aoorooriate circumstances the City Commission
s~all make every reasonable effort to ensure that City Commission Districts are as
eauallv reoresented as oracticable.
(n). Rules of Drocedure. All oroceedinas shall be auided bv the latest edition of
Roberts Rules of Order. Motions for reconsideration may be heard at the next session
of a bod v occurrina after the meetina at which the vote desired to be reconsidered
occurred. Anv member of the body. reaardless of whether he or she voted at the orior
meetina. may move for reconsideration oroviged that such movina member did not vote
on the non-orevailina side at the orior meetina with reaard to such vote.
Underlined text is added language to City Code and striltetlu81:1gt:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
8
(0). Bvlaws: aoolicable laws.
Unless otherwise emoowered bv Federal. State.
County or City law. ordinance. rule or reaulation. no bvlaws shelll be adooted bv the
body and matters within the iurisdiction of the body shall be imolemented in accordance
with the orovisions of the creatina City Code orovision. ordinance or resolution. The
orovisions of Florida law relatina to oublic records. oublic notice and public meetinas
sh~1l aooly to all City board. commissions and committees exceot to the extent exolicitlv
orovided otherwise in State law. If Federal law reauires certain orocesses and
orocedures. then the board. commission or committee subiect to such reauirement.
shall ensure that full comoliance is maintained.
(0). Transitional orovision. Commencina on the effective date of this Ordinance. all
members of the bodies enumerated in Subsections 2-121(a)(1) throuah (9) shall
continue to serve in their aooointed caoacitv uoon the City Attornev conductina a dual
office holdina analvsis with reaard to individuals servina on multi ole bodies. If consistent
with the reauirements of State law. each aopointed member whose aooointment is
made after the term of a current member concludes. shall be aooointed for a term of
office which terminates on Seotember 30 of a year and. in the event that a term in
excess of the normative term is necessary to orovide for such termination date with the
aooointee servina a full term. then the initial term of aooointment to establish such
termination date shall be for a term in excess of the normative term duration which will
end on the followina Seotember 30. It is oermissible if the result of this transitionina
orovision results in non-staaaerina terms notwithstandina any other provision of the City
Cod~ to the contrary. Notwithstandina anvthina herein to the contrary exceot the attrition
of the number of members on the Plannina and Zonina Commission. the term of the
Underlined text is added language to City Code and striltet~r9~gl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
9
incumbent for Seat 7 on the Plannina and Zonina Commission shall end on Seotember
30. 2009: the term for Seat 4 of the Plannina and Zonina Commission shall end on
Seotember 30. 2010. and the terms for Seats 1. aR9 5. and 8 on the Plannina and
Zonina Commission shall end on Seotember 30.2011.
Section 2. Revisions to Section 74-81, Section 74-82 and Section 74-83 of
the City Code. The provisions of Article III, Section 74-81, Section 74-82 and Section
74-83, City Code of the City of Sanford, are amended to read as follows:
ARTICLE III. PLANNING AND ZONING COMMISSION
Sec. 74-81. Membership: aeneral oDerations.
The planning and zoning commission shall on the effective date of this Ordinance
consist of nine members appointed by the City Commission: orovided. however. that the
number of members shall be reduced to seven bv attrition as the terms of current
members exoire or otherwise terminate. Section 2-122 of the City Code shall control
with reaard to the aeneral ooerations of the Board. In addition, tho oommission may
appoint up to throo 31torn3to mombors.
Sec. 74-82. Term of meml;)en~.
Tho initial appointmont of tho mombors of tho planning and zoning oommission shall bo
for one yoar for throo mombors, two yoars for throo mombors, and throo yoars for tho
throo romaining momboFG. Mor tho initial appointmonts, 311 3ppointmonts shall bo for a
torm of throo yoars.
S86. 7483. Commission designated as local planning agency and land
development regulation commission.
Underlined text is added language to City Code and stril(etl:lfe~gl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
10
The Planning and Zoning Commission is hereby authorizod by this artiolo shall bo
designated as the local planning agency and as the land development regulation
commission for the City. The Commission shall also hear aooeals relatina to f1oodolain
manaaement pursuant to the orovisions of Section 46-47.
Section 3. Revisions to Section 2-245 and Section 2-246 of the City Code.
The provisions of Division 3, Section 2-245 and Section 2-246, City Code of the City of
Sanford, are amended to read as follows:
DIVISION 3. CIVIL SERVICE BOARD
Sec. 2-245. Authority.
The civil service board shall have jurisdiction to hear appeals from grievances and
disciplinary actions timely filed by City employees who have appealed actions through
their respective chain of command and to the highest level of their chain of command
prior to an appeal being filed to the City Manager. The City Manager shall refer appeals
filed with the City Manager to the oi'JiI Gorvioo board which shall, thereupon, hear such
appeals and make a recommendation to the City Manager on the appeal and the City
Manager shall consider the recommendations of the oi'lil sorvioo board prior to making a
final decision on the appeal, which decision shall be final as to all personnel actions.
The oivil &orvioo board shall make written findings that shall be transmitted to the City
Manager with its recommendation. Appeals to each level of the chain of command and
the City Manager must be filed with the City's human resources/personnel director,
o&tnbli&hod undor part I, sootion ~.02(b) of tho Chartor within ten days of the employee
being notified of the action relative to which he or she desires to appeal.
Sec. 2-246. Secretary: aeneral oDe rations.
Underlined text is added language to City Code and stril(et/:lrel:lg/:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
11
The civil service board shall be assigned a secretary 'Nhmm duty it sholl bo, undor tho
dirootion of tho boom, to koop tho minutos of its pr{)ooodings, sorvo 011 noticos diroctod
by tho boord, maintain oivil sorvico roooms and filos, prosorvo 011 roports and
oorroGpondonoo, and porforrll suoh other rolatod dutios os Foquirod by this o#ioo and
dirootod by tho oivil servioo boor:d. Section 2-122 of the City Code shall control with
reaard to the aeneral ooerations of the Board.
Section 4. Revisions to Section 3.0 of the City Code. The provisions of Part
III, Schedule S, Section 3.0, City Code of the City of Sanford, are amended to read as
follows:
SCHEDULE S HISTORIC PRESERVATION
Section 3.0. Historic preservation board.
A. Establishment of historic preservation board. The City of Sanford A historic
preservation board has been created and established to conduct activities required in
the historic preservation regulations included in Schedule S. The board shall consist of
five members, 011 of whioh 3ro rosidonts or taxpayors of tho oity.
B. Powers and duties. The historic preservation board shall have the following powers
and duties.
1. To recommend a historic district area to the planniAg and zoning boar<J, City
Commission and buromJ of historic prosorvation of tho dopartmont of stato of tho Stato
of Florid3.
2. To give written notice to the last known address of the owners of all properties to be
included in proposed historic districts.
Underlined text is added language to City Code and stril(etl:lfe~gl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
12
3. Submit recommendations to the City Commission and olannina and zonina
commission regarding development in the historic districts.
4. Hear applications for certificates of appropriateness.
5. To inform property owners likely to be affected by certificate of appropriateness
applications.
6. Negotiate with property owners of landmarks proposed to be altered through various
property acquisition mechanisms and reduction or waiver of the waiting period.
7. Conduct studies of matters relating to the preservation of landmarks and historic
districts.
8. Recommend and monitor code enforcement actions for violations of schedule S,
historic preservation.
9. Recommend to the City Commission properties for historic landmark designation.
C. Composition of historic preservation board. The City Commission shall select the
members of the board from one or more of the following organizations or professions:
1. Local historical societies or groups.
2. The Florida or National Trust for Historic Preservation.
3. The City of Sanford Chamber of Commerce;
4. Local architects;
5. Local planners;
6. Local landscape architects;
7. The Seminole County Bar Association;
8. The local engineering society;
9. Interested residents of the City.
Underlined text is added language to City Code and stril(etl=tf9ygl=t text is deleted
language to City Code. When all new text is presented, no underlining is shown.
13
D. General Ooerations. Section 2-122 of the City Code shall control with reaard to the
aeneral ooerations of the Board and Section 2-122(e) of the City Code shall control
removals from office. Terms of o#iee for board membors.
1. If 0 vaoanoy OCOUFS, tho appointmont of 0 roplacomont shall bo modo by city
commission.
2. Torms shall be for throo yoars. MembeFs may bo removod at any timo by tho oity
commission by means of 0 substituto appointmont.
a. Romoval of 0 membor may bo recommonded at any time by on aUirmativo '1ote of
the board or by tho oity commission, pr{)Yidod notioo of intention to removo is inoluded
os on agonda item on said moeting notico.
4. .^o. momber who missos mOFO than threo oonsoGutivo mootings or mor{) than four
meotings within 0 oalendar year, sholl forfeit his or hor oUioo.
e:. Beard members oompensation. Members of tho board sholl sorvo without pay but
sholl be roimbursed by the City for neoossary oxpensos inourred in oonneotien '::ith thoir
duties.
F. Historie p."f)SerKltion board orf}::mimt!on.
1. I'A tho board's first mooting of oaoh yoar tho board mombors shall oloot offioors
including 0 ohairman, vioo ohairman and soor{)tor)' who shall sorvo for torms of one yoar
and may bo reeleotod.
2. Tho board may establish any rulos nooessary for tho or<ierly oonduot of itG businoss
oonsistont with tho previsions of the city Codo and othor applicable 10'/1. Tho voto
required to tako aotion or mako any recommondation shall bo threo board momboFs
'Ioting for an aUirmativo motion.
Underlined text is added language to City Code and stril(etlu8l:lgR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
14
3. /\11 mootings of the bomd shall bo opon to tho public and shall oporate undor tho
prnvisions of F.S. ch. 28e, (Tho Sunshino Lmv).
4. Tho board shall koop a rnoord, whioh shall bo available for publio inspootion and
copying of its rnsolutions, prooeedings, and :lotions.
o.p: G. Procedure for issuing certificate of appropriateness.
1 . Prior to issuance or denial of a certificate of apprnpriateness the board shall take
such action as may reasonably be required to inform the owner of any prnperty likely to
be materially affected by the application, and shall give the applicant and such owner an
opportunity to be heard.
2. In cases where the board determines that the certificate of apprnpriateness would
be reasonably likely to impact proximate properties to the property for which the
application has been made, it may hold a public hearing concerning the application.
3. If the board determines that the proposed construction, reconstruction, alteration,
moving or demolition is appropriate it shall forthwith approve such application and shall
issue to the applicant a certificate of appropriateness.
4. If the board determines that a certificate of appropriateness should not be issued, it
shall issue written finding(s) stating the reason(s) for such determination and shall
forthwith notify the applicant of such determination by furnishing him or her with an
attested copy of its finding(s).
5. The board may approve such application in any case where the owner would suffer
extreme hardship, not including solely the loss of profit relative to the value of the
property, if the certificate of appropriateness were not issued.
Underlined text is added language to City Code and stril(etlu9~gR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
15
6. Any person aggrieved by a determination of the board may appeal such
determination to the City Commission by filing a written appeal within 30 calendar days
of the board action and paying such filing fee as the City Commission may determine.
The decision of the City Commission on an appeal shall constitute final action subject
only to judicial review.
EG M. Federal grants. Where the board recommends the purchase or condemnation
of a historic landmark or any interest therein, and where the City Commission follows
such recommendation, the City Commission may, wherever practicable, make use of
federal grants as provided in the National Historic Preservation Act of 1966, or its
successor provision(s).
ill:! l. Investigations and reports. The board may make such investigations and
studies of matters relating to the protection, enhancement, perpetuation or use of
landmarks and historic districts, and to the restoration of landmarks as the board any,
from time to time, deem necessary or appropriate for the effectuation of the purposes of
this schedule, and may submit reports and recommendations as to such matters to the
Mayor and City Commission and the City Manager. In making such investigations and
studies, the board may hold such public hearings as it may deem necessary or
appropriate after determining whether the proposal would impact properties located
within the City.
Section 5. Revisions to Section 2-311, Section 2-312, Section 2-313 and
Section 2-314 of the City Code. The provisions of Division 4, Section 2-311, Section 2-
312, Section 2-313 and Section 2-314, City Code of the City of Sanford, are amended to
read as follows:
Underlined text is added language to City Code and stril<etl:lrel:lgl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
16
DIVISION 4. CITIZENS' ADVISORY BOARD
Sec. 2-311. Creation.
There is hereby cr{)atod authorized a citizens' advisory board which shall be , pUrGuant
to F.S. S 166.042 and tho residual constitutional homo rulo POWOF6 v06tod in tho oity. It
is tho logislativo intont of this division to oroato an advisory board to the Chief of Police
aRE! City Commission regarding law enforcement needs and resources only. Nothing
contained in this division shall be interpreted to interfere with or overlap the powers and
authority of any other City administrative, advisory or review board. The Chief of Police
shall reoort recommendations made by the board to the City Manaaer and City
Commission as aoorooriate.
Sec. 2-312. Membership; term of meml;)eFS; officers; EtY9rym.
(a) The chief of police shall appoint a ten-member citizens' advisory board from a cross
section of the community to serve without pay.
(b) Mombor6 shall bo appointod to staggorod, four yoar torrns.(c) The board shall
elect a chairperson, a vice-chairperson, and a secretary and its ooerations shall be
auided by the orovisions of Section 2-122 of the City Code and Section 2-122(e) of the
City Code shall control removals from office. may conduct businoss with a Quorum of
six rnomboF6.
Sec. 2-313. Powers.
The citizens' advisory board shall have only the power to:
(1) Adopt rules for the conduct of its hearings and establish procedures.
(2) Hear comments from the general public.
Underlined text is added language to City Code and stfil(EltRrsl:IgR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
17
(3) Present tho ohiof of polioo and tho oity oommission with suggestions and
recommendations regarding City law enforcement needs and resources.
Sec. 2-314. Meetings.
The board shall meet at the call of the Chief of Police loast onoo por yoar as it (jooms
appropriato.
Section 6. Revisions to Section 66-73 of the City Code. The provisions of
Article III, Section 66-73, City Code of the City of Sanford, are amended to read as
follows:
ARTICLE III. FIREFIGHTERS' RETIREMENT SYSTEM
Sec. 66-73. Board of trustees.
(1) Board of trustees; responsibilities; composition. The sole and exclusive
administration of and responsibility for the proper operation of the system and for
making effective the provisions of this article are hereby vested in a board of trustees.
The board of trustees is hereby designated as the plan administrator. The board of
trustees shall consist of five trustees, two of whom, unless otherwise prohibited by law,
shall be legal residents of the City, who shall be appointed by the City Commission, and
two of whom shall be members of the system, who shall be elected by a majority of the
firefighters who are members of the system. The fifth trustee shall be chosen by a
majority of the previous four trustees as provided for herein, and such person's name
shall be submitted to the City Commission. Upon receipt of the fifth person's name, the
City Commission shall, as a ministerial duty, appoint such person to the board of
trustees as its fifth trustee. The fifth trustee shall have the same rights as each of the
other four trustees appointed or elected as herein provided and shall serve a two-year
Underlined text is added language to City Code and stril(etluel:lg~ text is deleted
language to City Code. When all new text is presented, no underlining is shown.
18
term unless he or she sooner vacates the office. Each resident trustee shall serve as
trustee for a period of two years, unless he sooner vacates the office or is sooner
replaced by the City Commission at whose pleasure he or she shall serve. The two
resident trustees shall serve staggered terms. Each member trustee shall serve as
trustee for a period of two years, unless he or she sooner leaves the employment of the
City as a firefighter or otherwise vacates his or her office as trustee, whereupon a
successor shall be chosen in the same manner as the departing trustee. Each trustee
may succeed himself or herself in office and the two firefighter trustees shall serve
staggered terms. A City official who is otherwise eligible for appointment to the board
shall not be disqualified from consideration solely on the basis of his or her official
status unless so required by law. DROP participants can be elected as J,but may not
vote forJ, elected trustees. The board shall establish and administer the nominating and
election procedures for each election. The board of trustees shall meet at least quarterly
each year. The board of trustees shall be a legal entity with, in addition to other powers
and responsibilities contained herein, the power to bring and defend lawsuits of every
kind, nature, and description. Section 2-122(e) of the City Code shall control removals
from office.
(2) Officers. The trustees shall, by a majority vote, elect a chairman, vice-chairman
and a secretary/treasurer. The secretary/treasurer of the board shall keep a complete
minute book of the actions, proceedings, or hearings of the board. The trustees shall not
receive any compensation as such, but may receive expenses and per diem as
provided by law.
Underlined text is added language to City Code and stFiI(et~f8~g'" text is deleted
language to City Code. When all new text is presented, no underlining is shown.
19
(3) Voting. Each trustee shall be entitled to one vote on the board. Three affirmative
votes shall be necessary for any decision by the trustees at any meeting of the board. A
tru6too 6hall ab&tain from voting as tho ro6ult of a oonfliGt of intorost and shall oomply
'.\lith tho provi&ion& of F.S. S 112.3143.
(4) Accounting, expenses, etc. The board shall engage such actuarial, accounting,
legal, and other services as shall be required to transact the business of the system.
The compensation of all persons engaged by the board and all other expenses of the
board necessary for the operation of the system shall be paid from the fund at such
rates and in such amounts as the board shall agree. In the event the board chooses to
use the City's legal counsel, actuary or other professional, technical or other advisors, it
shall do so only under terms and conditions acceptable to the board.
(5) Duties. The duties and responsibilities of the board shall include, but not
necessarily be limited to, the following:
(a) To construe the provisions of the system and determine all questions arising
thereunder.
(b) To determine all questions relating to eligibility and membership.
(c) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(d) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(e) To distribute to members, at regular intervals, information concerning the system.
(f) To receive and process all applications for benefits.
Underlined text is added language to City Code and stril(etlusygl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
20
(g) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising through
operation of the system and fund.
(h) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of the
system.
(i) To perform such other duties as are required to prudently administer the system.
(j) Roster of retirees. The secretary of the board shall keep a record of all persons
enjoying a pension under the provisions of this article in which it shall be noted the time
when the pension is allowed and when the same shall cease to be paid. Additionally,
the secretary shall keep a record of all members in such a manner as to show the
name, address, date of employment and date of termination of employment. Thoso
reoords sholl bo oxompt from disolosuro to tho oKtont pr{)..-idod for in F.S. oh. 11 Q.
(k) Reports to division of retirement. Each year and no later than March 15th, the
board shall file an annual report with the division of retirement containing the documents
and information required by F.S. 9 175.261.
(6) City Ji::JiSOR to board. Tho city finanoo dirootor shall oat as a city liaison to tho
board.
(7) Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, and to
the extent not covered by the Sovereign Immunity Statute, the City shall indemnify and
hold harmless members of the board from all personal liability for damages and costs,
including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat
Underlined text is added language to City Code and stril(ett:tre~gt:t text is deleted
language to City Code. When all new text is presented, no underlining is shown.
21
of same, herein referred to as "claims", against these individuals because of acts or
circumstances connected with or arising out of their official duty as members of the
board, other than as set forth in paragraphs (b) and (c) of this subsection ~. The City
reserves the right, in its sole discretion, to settle or not settle the claim at any time, and
to appeal or to not appeal from any adverse judgment or ruling, and in either event will
indemnify and hold harmless any members of the board from the judgment, execution,
or levy thereon.
(b) This subsection shall not be construed so as to relieve any insurance company or
other entity liable to defend the claim or liable for payment of the judgment or claim,
from any liability, nor does this subsection waive any provision of law affording the City
immunity from any suit in whole or part, or waive any other substantive or procedural
rights the City may have.
(c) This subsection shall not apply nor shall the City be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the board which
constitute felonies or gross malfeasance or gross misfeasance in office.
Section 7. Revisions to Section 66-33 of the City Code. The provisions of
Article III, Section 66-33, City Code of the City of Sanford, are amended to read as
follows:
ARTICLE II. POLICE OFFICERS' RETIREMENT SYSTEM
Sec. 66-33. Board of trustees.
(1) Board of trustees; responsibilities; composition. The sole and exclusive
administration of and responsibility for the proper operation of the system and for
making effective the provisions of this article are hereby vested in a board of trustees.
Underlined text is added language to City Code and stril(et~re~gl::l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
22
The board is hereby designated as the plan administrator. The board of trustees shall
consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal
residents of the City, who shall be appointed by the S~mford City Commission one of
whom shall be the Chief of Police as an ex officio member if the residencv reauirement
is met, and two of whom shall be members of the system, who shall be elected by a
majority of the police officers who are members of the system. The fifth trustee shall be
chosen by a majority of the previous four trustees as provided for herein, and such
person's name shall be submitted to the Sonfor{j City Commission. Upon receipt of the
fifth person's name, the Sonfor{j City Commission shall, as a ministerial duty, appoint
such person to the board of trustees as its fifth trustee. The fifth trustee shall have the
same rights as each of the other four trustees appointed or elected as herein provided
and shall serve a two-year term unless he or she sooner vacates the office. Each
resident trustee shall serve as trustee for a period of two years, unless he or she sooner
vacates the office or is sooner replaced by the Sanford City Commission at whose
pleasure he or she shall serve. The two resident trustees shall serve staggered terms.
Each member trustee shall serve as trustee for a period two years, unless he or she
sooner leaves the employment of the City as a police officer or otherwise vacates his ill
her office as trustee, whereupon a successor shall be chosen in the same manner as
the departing trustee. Each trustee may succeed himself or herself in office and the two
police officer trustees shall serve staggered terms. DROP participants can be elected as
.I. but mav not vote for.l. elected trustees. The board shall establish and administer the
nominating and election procedures for each election. A City official who is otherwise
eligible for appointment to the board shall not be disqualified for consideration solely on
Underlined text is added language to City Code and stril(etl:U8~gt::l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
23
the basis of his or her official status unless such is required by law. The board of
trustees shall meet at least quarterly each year. The board shall be a legal entity with, in
addition to other powers and responsibilities contained herein, the power to bring and
defend lawsuits of every kind, nature, and description. Section 2-122(e) of the City Code
shall control removals from office.
(2) Officers. The trustees shall, by a majority vote, elect a chairman, vice chairman and
a secretary/treasurer. The secretary/treasurer of the board shall keep a complete
minute book of the actions, proceedings, or hearings of the board. The trustees shall not
receive any compensation as such, but may receive expenses and per them as
provided by law.
(3) Voting. Each trustee shall be entitled to one vote on the board. Three affirmative
votes shall be necessary for any decision by the trustees at any meeting of the board. A
trustoo shall abstain from voting as tho rosult of a oonfiiot of intorost and shall oomply
with tho provisions of F.S. S 112.3143.
(4) Accounting; expenses, etc. The board shall engage such actuarial, accounting,
legal, and other services as shall be required to transact the business of the system.
The compensation of all persons engaged by the board and all other expenses of the
board necessary for the operation of the system shall be paid from the fund at such
rates and in such amounts as the board shall agree. In the event the board chooses to
use the City's legal counsel, actuary or other professional, technical or other advisors, it
shall do so only under terms and conditions acceptable to the board.
(5) Duties. The duties and responsibilities of the board shall include, but not
necessarily be limited to, the following:
Underlined text is added language to City Code and striltetRf8l:lgR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
24
(a) To construe the provisions of the system and determine all questions arising
thereunder.
(b) To determine all questions relating to eligibility and membership.
(c) To determine and certify the amount of all retirement allowances or other benefits
hereunder.
(d) To establish uniform rules and procedures to be followed for administrative
purposes, benefit applications and all matters required to administer the system.
(e) To distribute to members, at regular intervals, information concerning the system.
(f) To receive and process all applications for benefits.
(g) To authorize all payments whatsoever from the fund, and to notify the disbursing
agent, in writing, of approved benefit payments and other expenditures arising through
operation of the system and fund.
(h) To have performed actuarial studies and valuations, at least as often as required by
law, and make recommendations regarding any and all changes in the provisions of the
system.
(i) To perform such other duties as are required to prudently administer the system.
(j) Roster of retirees. The secretary of the board shall keep a record of all persons
enjoying a pension under the provisions of this article in which it shall be noted the time
when the pension is allowed and when the same shall cease to be paid. Additionally,
the secretary shall keep a record of all members in such a manner as to show the
name, address, date of employment and date of termination of employment. Thoso
rocords sholl bo oxompt from diGolosuro to tho oxtont providod for in F.S. oh. 119.
Underlined text is added language to City Code and striltetRfsygl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
25
(5) Reports to division of retirement. Each year and no later than March 15th, the
board shall file an annual report with the division of retirement containing the documents
and information required by F.S. ~ 185.221.
(6) City liaison to boars. Tho oity financo director sholl oct 06 city liaison to tho boar{!.
f71 Indemnification.
(a) To the extent not covered by insurance contracts in force from time to time, and to
the extent not covered by the Sovereign Immunity Statute, the City shall indemnify,
defend and hold harmless members of the board from all personal liability for damages
and costs, including court costs and attorneys' fees, arising out of claims, suits,
litigation, or threat of same, herein referred to as "claims," against these individuals
because of acts or circumstances connected with or arising out of their official duty as
members of the board, other than as set forth in paragraph (b) and (c) of this subsection
f71. The City reserves the right, in its sole discretion, to settle or not settle the claim at
any time, and to appeal or to not appeal from any adverse judgment or ruling, and in
either event will indemnify, defend and hold harmless any members of the board from
the judgment, execution, or levy thereon.
(b) This subsection shall not be construed so as to relieve any insurance company or
other entity liable to defend the claim or liable for payment of the judgment or claim,
from any liability, nor does this subsection waive any provision of law affording the City
immunity from any suit in whole or part, or waive any other substantive or procedural
rights the City may have.
Underlined text is added language to City Code and stFil(etluel:lg~ text is deleted
language to City Code. When all new text is presented, no underlining is shown.
26
(c) This subsection shall not apply nor shall the City be responsible in any manner to
defend or pay for claims arising out of acts or omissions of members of the board which
constitute felonies or gross malfeasance or gross misfeasance in office.
Section 8. Revisions to Section 2-201 and Section 2-202 of the City Code.
The provisions of Division 2, Section 2-201 and Section 2-202, City Code of the City of
Sanford, are amended to read as follows:
DIVISION 2. SANFORD MUSEUM BOARD
Sec. 2-201. Creation; composition; appaintment af member:s : meetinas.
There is hereby created and constituted the Sanford Museum Board that shall consist of
nine persons to bo appointed and oonfirmod by the oity oommission. The board shall
conduct such meetinas as may be necessary to orooerlv oerform its duties and
functions.
Sec. 2-202. Term af member:s; Qarganizatian; etJisers; meetings.
The mombeFS of the Sanford Museum Board shall bo appointed to staggomd, four year
terms. Tho mombers of the board shall oleat wom among the mombership 3
chairporson, a vioo ohairperson and a seoretary, whose terms of o#ice shall be for a
poriod of ono yoar or until their suooossors am eleotod by tho members of tho board.
The boam shall conduot suoh meetings as may be neoessary to pmperly perform its
duties and funotions and sholl establish rulos or bylaws to govorn tho manner in '::hioh
its meetings and affairs am oonduated.
General oDeration Drovisions. See Section 2-122 of the City Code.
Underlined text is added language to City Code and stril<stf:lrsl:Igf:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
27
Section 9. Revisions to Section 22-125 of the City Code. The provisions of
Article IV, Section 22-125, City Code of the City of Sanford, are amended to read as
follows:
ARTICLE IV. CONTRACTORS
Sec. 22-125. Central contractors examining board.
(a) Establishment; membership. The City Commission may sRaU establish~
adootion of a resolution and subiect to the controllina orovisions of State law. a tRe
contractors examinina board and such other examining boards as it deems necessary
for the proper administration of this article. The City Commission may, alternatively.
enter into an Interlocal aareement relatina to the examination of contractors. Tho bomd
shall, oxoopt as providod in this sootion, consist of 13 mombors '/:ho havo boon
contraotors in tho City for two yoars prior to appointmont. Tho appointmonts to tho
bO~lrd shall oonsist of tho following:
(1) Two lioensod mastor plumbors;
(2) Two Iioensod master olootricians;
(3) Threo lioonsod building oontraotor:s, Class I\, B or C;
(4) Two lioonsod air oonditioning/moohanioal oontraotors;
(6) Ono lioonsod s'Nimming pool oontraotor;
(6) Ono liconsod roofing oontractor;
(7) Dna lioensed shootfRotal oontraotor; and
(8) Ono licensod soroon onolosuro contraotor.
'A/hon nooossary, an alternato ohoioe to tho oontraotor:s listod in this subsootion fRay bo
a spocialty oontraotor or a oortified inspeotor. Tho certifioation must be by Southorn
Underlined text is added language to City Code and stril(et~r81:1g~ text is deleted
language to City Code. When all new text is presented, no underlining is shown.
__M~^~''-A'.;'''''-'''',",''>>_""",,~~
28
BuilEting Codo Congress Intornational, Ino., COURGil of ,^.morioan 8uilding Offioials, or
othor reoognizod testing agenoy. In addition, tho building offioial shall sorvo as sooretary
to tho boaM. Tho initial appointmonts to tho boaM shall bo mmJo by tho oity commission
and oaoh appointmont shall bo for a poriod of tv/o yoars.
(b) Ql:Jo/ifirotions of memeors. Each board mombor shall bo a oortifiod oontractor or a
registorod oontractor. Eaoh cortifiod oontractor shall also hold a valid oortifioato as
appropriato to his appointmont.
(6 12) General operation provisions. See Section 2-122 of the City Code.
Ql:Jorl:Jm; voting. So':on mombors of tho board shall oonstituto a quorum at any
mooting and a majority 'Joto of thoso prosont shall BO roquirod to mako any dooision. If
tho boaM is short of a quorum by ono, tho Building offioial may oast a voto '.vhon
noodod. Tho board shall bo on call as noodod.
(d) Rl:Jlos. Tho board is 3uthorizod to mako suoh rulos not inoonsistont v:ith law whioh
are nooossary or appropriato to oarry out tho dutios and authority oonferrod upon it by
this artiolo.
(0) Aesonee from meotings. Throo or moro l:.InoKousod absoncos by a moml::>or in any
oalendar year shall rOGult in the automatio forfeiture by tho mombor of his position on
tho boaM. /\bsonoos may bo oxousod by tho ohairporson of tho board or by tho oity
commission.
(f) Removal of momeers. Any momber of tho boaM may 1::>0 romovod for oauso by a
majority ':oto of tho oity oommission upon writton chargos and aftor a public hoaring.
Underlined text is added language to City Code and stril(et~r9ygR text is deleted
language to City Code. When all new text is presented, no underlining is shown.
29
(g) 'laooRofes. Any vaoanoy on tho boar-d Ehall bo fillod within 30 days of tho vaoanoy
by tho oity oommission by an appointmont of an individual to SONO for tho romaindor of
tho torm.
Section 10. References to board of adjustment and code enforcement
board.
The Code codifier is hereby granted authority to delete the references to the
"Board of Adjustment" in this Code as such references relate to land use matters over
which the Planning and Zoning Commission has jurisdiction (such as, by way of
example only, Section 8.0, Schedule R, Land Development Regulations; Section 11.1,
Article XI) and references to the Code Enforcement Board (such as, by way of example
only, Section 10-37, Section 18-86, Section 62-31, Section 78-16, Section 78-116,
Section 102-575) as such references relate to the special master processes and
procedures of the City. The Code codifier is hereby granted the power and authority to
make non-substantive changes to the City Code to address these matters.
Section 11. Implementing Administrative Actions.
The City Clerk, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions.
Section 12. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 13. Savings.
The prior actions of the City of Sanford in terms of the appointment of City public
officials are hereby ratified and affirmed and, specifically, the City Commission
Underlined text is added language to City Code and strilted~f8Ygl:l text is deleted
language to City Code. When all new text is presented, no underlining is shown.
30
acknowledges the fact that one of the City Commission's appointees to the Board of
Trustees of the Police Officers' Retirement System has traditionally, through and under
the provisions of Section 66-33 of the City Code, been the Police Chief as an ex officio
appointee and member.
Section 14. Severability.
(a). If any section, sentence, phrase, word, or portion of this Ordinance
is determined to be invalid, unlawful or unconstitutional, said determination shall
not be held to invalidate or impair the validity, force or effect of any other section,
sentence, phrase, word or portion of this Ordinance not otherwise determined to
be invalid, unlawful or unconstitutional.
(b). It is not the intent of this Ordinance to conflict with any applicable
State law. If any Section, sentence, clause, phrase or word of this Ordinance is
for any reason held or declared to so conflict; it shall be construed to have been
the legislative intent to enact this Ordinance without such conflict and the
remainder of this Ordinance, after exclusion of such part of parts, shall be
deemed and held to be valid as if such part or parts had not been included
therein.
Section 15. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford;
provided, however, that Sections 12, 13, 14, 15 and 16 shall not be codified. The
Code Codifier is granted broad and liberal authority to change section numbers in
the current City Code and other appropriate actions as set forth in Section 1-10
of the City Code.
Underlined text is added language to City Code and striltetAre~gA text is deleted
language to City Code. When all new text is presented, no underlining is shown.
31
Section 16. Effective Date.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 11th day of May, 2009.
City Commission of the City of
Sanford, Florida, Seminole
Count~ orida
~
~==
Attest:
William L. Colbert, Esquire
City Attorney . I
/"'orJ,vIC N . f5,tOz>/
Underlined text is added language to City Code and stl'il(ethr9ygh text is deleted
language to City Code. When all new text is presented, no underlining is shown.