HomeMy WebLinkAbout4801 Revsion to City Code relating to City Boards, Commissions, and CommitteesOrdinance No. 2024-4801
An ordinance of the City of Sanford, Florida amending the provisions of
Section 2-122 of the Code of Ordinances of the City of Sanford (City Code)
relating to organizational provisions and membership on City boards,
commissions or committees with regard to absences, vacancies, term
limits and related matters; repealing Section 2-3, City Code, relating to
procedures for the enactment of ordinances and public hearings; providing
for legislative findings and intent; providing for implementing
administrative actions; providing for a savings provision; providing for
conflicts; providing for severability; providing for codification and the
correction of scrivener's errors and providing for an effective date.
Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of
Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter
166, Florida Statutes, and other applicable controlling law; and is consistent with the provisions
of Section 1.4 of the Seminole County Home Rule Charter pertaining to that document's
relation to municipal ordinances, which provides that "[e]xcept as otherwise provided by this
Charter, municipal ordinances shall prevail over County ordinances to_ the extent___of any__.
conflict."; and
Whereas, the City Commission of the City of Sanford has deemed approval of this
Ordinance to be in the best interest of the residents and citizens of the City of Sanford and to
further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance; and
Whereas, legislative coding is used in this Ordinance and the following coding may
be used: underlined words shall constitute additions to the current text of the City Code, and
striketh eU9#S shall constitute deletions to current text of the City Code.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates into this
Ordinance the recitals (whereas clauses) set forth herein as the legislative and administrative
findings and intent of the City Commission which, together with the agenda materials,
memorandum and staff reports, to the extent that they exist, shall be maintained consistent
with the maintenance schedule for ordinances, as public records of the City.
Section 2. Organizational Provisions; Membership On City Boards,
Commissions Or Committees. The provisions of Section 2-122, organizational provisions;
membership on City boards, commissions or committees, of the Code of Ordinances of the
City of Sanford (City Code), are revised to read as follows:
Sec. 2-122. - Organizational provisions; membership on City boards,
commissions or committees.
(a) Applicability. This section applies to all boards, commissions or committees,
except to the extent otherwise specified in state statute or otherwise provided in
this Code, as well as the actions, insofar as practicable, of a City special
magistrate, hearing officer or staff person assigned an adjudicative duty. This
section shall not apply to the City's canvassing boards as may be established
from time to time, to the special events review committee or entities of a similar
nature the membership of which consists of City staff or other City personnel
accomplishing administrative functions, when so specified by the City
Commission; provided, however, that the provisions of state law relative to
public records, public meetings, public notices, participation by the public, the
creation and approval of minutes and similar procedural requirements shall be
applicable when such is required under controlling law.
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(b) Positions; qualifications; residency. Each member shall be appointed to a
specific numbered position. Absent a controlling provision in federal, state,
county or City law, ordinance, rule or regulation, it is the preferred policy of the
City that every appointee be, to the extent practicable as determined in the sole
discretion of the City Commission, at the time of appointment, be a resident of
the City and an elector of Seminole County or a City business owner, as
evidenced by the payment of the City's local business tax, if subject to that tax,
or the ad valorem tax relating to business property; or an appointee who offers
special training, skill, education or expertise that would benefit the City by
serving on the body; provided, however, that this requirement may only be
waived by a four-fifths vote of the City Commission which vote must occur at
the time of appointment to appoint a non-resident. A member who ceases to
meet a requirement for qualification, shall advise the City Commission of the
change in residency and may be replaced at any time thereafter by the City
Commission if the City Commission determines to act in that manner, but shall
continue to serve on unless the City Commission takes such action and
appoints a successor.
(c) Terms. Each position shall have a four-year term of office with each
beginning on October 1 of a 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 after the
expiration of a term of office until a successor is appointed. The provisions of
this subsection relating to terms of four years shall not apply to the board of
a
trustees of the firefighters' retirement system and the board of trustees of the
police officers' retirement system. The City Clerk shall manage the year-to-year
application and appointment process on behalf of the City Commission.
(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. The City Clerk shall
manage the vacancies which occur from time to time and the appointment
process to fill vacancies on behalf of the City Commission.
(e) Removal. The City Commission may, by majority vote, remove a member for
cause upon written charges after notice and public hearing as required by
controlling state law by reason of:
(1) Three or more unexrused absences or 2 absences in the case of members
of the Sanford Museum Board of whatever nature, within a 12 -month period as
determined by the City Commission after a report being provided by the City
Clerk at the time of the annual appointment cycle identifying those members of
bodies which have 3 or more absences during the 12 -month period, or 2
absences in the case of members of the Sanford Museum Board; or
(2) Mmisfeasance, malfeasance or dereliction of duty or such other conduct or
misconduct, as determined by the City Commission, that warrants, pFevides
removal under a controlling provision of law including, 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
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designated at a meeting of the body. A chairperson and vice -chairperson shall
be elected from the members at the first meeting 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 voting membership, including
alternate members who are participating as voting members, of the board,
commission or committee. After a meeting is called to order, the only
appropriate action in the event of a non -quorum is to continue the meeting;
provided, however, that the attending members of the body may discuss
matters of a non -quasi-judicial nature and matters that are not, and will not be,
the subject of a noticed public hearing. No voting shall take place absent a
quorum. Continuances of meetings and hearings may be accomplished
administratively without the vote of a quorum due to inclement -weather
conditions, emergency circumstances and administrative necessity when the
chairperson of the body concurs in such action proposed by City staff and, in
such circumstances, the designated City staff liaison to that board shall attend
the meeting, if possible, and announce a continuance of the meeting or hearing
to a date that is approved by the chairperson. In the event of the unavailability
of the chairperson to make decisions as set forth in this subsection, the vice -
chairperson or, if no vice -chairperson is in office, the member with the longest
service on the body shall make such determinations. In the event of a
continuance under the provisions of this subsection, City staff shall take all
reasonable and appropriate actions to notice the meeting or hearing and to
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ensure that all affected parties are advised of the new date of the meeting or
hearing. Processes and procedures for virtual meetings using communications
media technology shall be developed and implemented when either required or
authorized under controlling law.
(i) Term limits. No member shall serve more than three consecutive terms on
the same board, commission, or committee. This term limitation shall not apply
to the firefighters retirement system board of trustees and the police officers
retirement system board of trustees and shall not apply to members of the
Sanford Airport Authority who are appointed by four-fifths vote of the City
Commission.
0) Absences. Each regular member and each alternate member shall notify the
designated City staff liaison in advance of a meeting in writing when it is
anticipated that the member will be absent from a meeting. -Three absences in a
12 -month period, when unexcused, or 2 absences in the case of members of
the Sanford Museum Board, shall operate as a resignation from membership
and a vacancy in office without any other action being taken. Upon such
occurrence, the staff liaison for the body shall promptly advise the City Clerk of
the event of such a resignation and the City Clerk shall promptly take steps to
have the vacancy filled by the City Commission in accordance with normative
City processes and procedures. If an alternate member to the body has been
appointed, then the alternate member shall become the regular member in such
circumstances and the vacancy filled shall be filled as an alternative member. If
there are more than a single alternate member appointed to the body, then the
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member with the most seniority shall serve as a regular member: provided,
however, that if 2 or more board members have equal seniority, then the new
regular member shall be selected by lot as administered by the City Attorney at
a meeting of the body At the Fneeting, UPeR WF-tten Fequest of the FneFnb
WhiGh MUSt GGGUF PFiGF tG the next meeting, the body Fnay vote to exGuse the
FM MM
(k) Alternate members. In addition to appointing regular members, the City
Commission may also appoint alternate members in such numbers as it deems
appropriate to serve in the event of absences by regular members; provided,
however, that this provision shall not apply to appointments to the firefighters
retirement system board of trustees and the police officers retirement system
board of trustees. Alternate members shall have all of the rights and privileges
of regular members and shall be subject to the same requirements as regular
members. Alternate members may attend all meetings of the body to which
appointed, but may only vote when filling the position of an absent member
either for an entire meeting or a particular vote or set of votes at a meeting
depending upon the duration of the absence of a member; provided, however,
that once a member is absent from a meeting, that member shall not regain his
or her seat on the body unless a quorum is lacking in the meeting subsequent
to his or her absence. Alternate members shall not participate in the debate on
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matters that are quasi-judicial in nature when not sifting as a voting member,
but may participate when matters are advisory in nature. If more than one
alternate is appointed to a body, they shall serve in a rotational method or by
means of the order of appointment if no rotation has been established with the
first appointed alternate member serving first. It is the duty of members to
advise the staff liaison of their expected absence from a meeting as early as
possible and to make requests for excusal as set forth herein.
(1) Method of creation. Advisory bodies shall be created by resolution as
opposed to ordinance except in unusual circumstances or in the event that
controlling law requires otherwise.
(m) District representation. In appropriate circumstances, as determined solely
by the City Commission, the City Commission shall make every reasonable
effort to ensure that City Commission districts are .as. equally represented as
practicable.
(n) Rules of procedure. All proceedings shall be guided in a general manner by
the chair, with assistance from the City Attorney, using the latest edition of
Roberts Rules of Order in a manner which allows the body to function in an
organized manner, but without technical adherence thereto. Motions for
reconsideration may only be heard at the next session of a body occurring after
the meeting at which the vote desired to be reconsidered occurred. Any
member of the body, regardless of whether he or she voted at the prior
meeting, may move for reconsideration provided that such moving member did
not vote on the non -prevailing side at the prior meeting with regard to such
vote. If a matter that was determined at an advertised public hearing is later
determined to be reconsidered, public notice shall be published consistent with
the requirements that were applicable when the vote that is to be reconsidered
was taken and an explanation of the reconsideration process shall be
incorporated into the public notices relating to the matter.
(o) Bylaws, applicable laws. Unless otherwise empowered by federal, state,
county or City law, ordinance, rule or regulation, no bylaws shall be adopted by
the body and matters within the jurisdiction of the body shall be implemented in
accordance with the provisions of the creating City code provision, ordinance or
resolution. The provisions of Florida law relating to public records, public
notices, participation by the public, the creation and approval of minutes and
public meetings shall apply to all City boards, commissions and committees
except ,to the extent explicitly provided otherwise in state law. If federaVlaw
requires certain processes and procedures, then the board, commission or
committee subject to such requirement, shall ensure that full compliance is
maintained. Each body shall cause its designated secretary to provide
approved executed minutes for each meeting to the City Clerk at the end of the
month following the month during week a meeting occurred and to ensure that
minutes for all meetings are posted upon the City's meetings web page. Each
body shall cause its designated secretary to post all meeting notices and
agendas in accordance with controlling law, upon the City's web page calendar
and as otherwise is required by the procedures and processes promulgated by
the City Clerk in conjunction with the City Attorney. All actions and activities of
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each body shall be accomplished in full compliance with the requirements of
open and transparent government under the guidance of the City Attorney who
shall also guide and direct adherence to the requirements of law relative to
quasi-judicial proceedings of all bodies. The City Clerk shall endeavor to
maximize public notice of meetings and hearings of the City as well and public
information relative to the actions taken at such meetings and hearings to
include, but not be limited to, the use of technology for the provision of notices
and records relating to the boards, commissions or committees of the City
insofar as practicable.
(p) Ethics training. The City Attorney and City Clerk shall periodically provide all
members of each body with a list or online and other resources which provide
training in the areas of open government, public meetings, public records,
_.ethics, , ex parte communications, quasi-judicial proceedings- and -.related
matters. In person training session shall be scheduled by the City Clerk and
City Attorney at adequate times in order for the first class of each board
member to be in person and, thereafter, may be coordinated by the City Clerk
and the City Attorney if such sessions are determined to be necessary. Without
limiting the generality of the preceding provision, each new member of a City
body shall take a course conducted in person by the City Attorney at the first
opportunity after appointment. Thereafter, training may be accomplished online
as may be authorized by controlling law. The City Attorney shall offer training in
November of each year.
Section 3. Repealers; Section 2-3, City Code, Procedures For Enactment Of
Ordinance; Public Hearings; Committees Appointed In Resolutions.
(a). Section 2-3 of the Code of Ordinances of the City of Sanford (City Code) to is
hereby repealed as not necessary in view of controlling Florida statutory law.'
(b). All committees established by means of a resolution, except for the Community
Development Block Grant Advisory Committee and those which may be listed in Section 2-121
of the City Code2, shall, hereinafter function as ad hoc citizen advisory committees which
1 The cited provision reads as follows:
Sec. 2-3. - Procedures for enactment of ordinances—Public hearings.
(a) The City Commission of the City of Sanford shall consider the enactment of proposed ordinances in
accordance with the procedures required by general state law; provided, however, that the City shall also
provide for additional enhanced public input in the course of the public hearing process as set forth in
subsection (b) of this section with regard to proposed ordinances that are subject to the statutory
requirements referenced in that subsection.
(b) In addition to the requirements of state law relating to those proposed ordinances which are required to
be read by title, or in full, on at least two separate days and, at least ten days prior to adoption, to be noticed
once in a newspaper of general circulation in the municipality; the City shall provide in all notices to the
public relating to such proposed ordinances that first reading of such proposed ordinances shall also be
public hearings on the proposed ordinances at which interested parties may appear and be heard with
respectto the proposed ordinance. The notice of such additional public hearing occurring at first reading of
proposed ordinances shall be published together with, and within the publication time requirements
required by state law, which apply to the second reading of proposed ordinance.
2 Which provision reads as follows:
Sec. 2-121. - Boards, commissions and committees.
(a)Permanent bodies. The following boards, commissions and committees of the City of Sanford currently
exist in accordance with the provisions of this Code and other controlling law:
(1) Planning and zoning commission.
(2) Sanford Airport Authority which is a dependent special district created by special act of the Florida
Legislature.
(3) Community Redevelopment Agency which is a dependent special district created under the provisions
of controlling general law of the State of Florida with both City and county appointees.
(4) Historic Preservation Board.
(5) Firefighters Retirement System Board of Trustees.
(6) Police Officers Retirement System Board of Trustees.
(7) Sanford Housing Authority which is an independent special district created under the provisions of
controlling general law of the State of Florida.
(8) Sanford Museum Board.
(9) Impact fee advisory committees which are appointed from time -to -time.
(b)Other bodies. Other boards, committees, and commissions, by whatever name (such as task forces) may
be created or appointed from time -to -time under authority of the City Commission and the actions of a City
special magistrate, hearing officer or staff person assigned an adjudicative duty shall be subject to the
provisions of this Code and controlling State law relative to the noticing of hearings/meetings and the
maintenance of minutes of such activities.
(c) Staff support; compliance with controlling law. The City manager may provide staff support and other
operational support to a board, committee or commission consistent with a determination as to the needs of
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meetings shall be supported by City staff consistent with the needs of the committee and the
capabilities of City staff. (It being noted that the existence of the City's Community
Redevelopment Agency shall sunset in the near future.)
Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions to bring
into effect the provisions of this Ordinance.
Section 5. Savings.
The prior actions of the City of Sanford relating the approval of applications prior to the
effective date of this Ordinance, and any and all related matters, procedures or processes, are
hereby ratified and affirmed.
Section 6. Severability.
If any section or portion of a section of this Ordinance proves .to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity, force or effect of any other section or
part of this Ordinance.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
Section 8. Codification; Scrivener's Errors.
the body and the availability of staff and other resources. The City Manager shall provide legal guidance to
all boards, committees, and commissions to ensure that each body, in accordance with the processes and
procedures promulgated by the City Clerk, provides approved and executed minutes for each meeting, that
all agendas and minutes comport with controlling law, that public participation is allowed in all appropriate
circumstances and that the controlling provisions of law relating to open government are honored and
respected. The City manager shall be responsible for appointing 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 Manager or any outside consulting engineer to
provide services for a board, commission or committee.
121 Pag_e
(a). The provisions of Section 2 and Section 3(a) of this Ordinance shall be codified
as determined to be appropriate by the Code codifier and all other sections shall not be
codified said codification to be in either the City Code or Land Development Regulations of the
City in the discretion of the Code codifier.
(b). The sections of this Ordinance may be renumbered or re -lettered and the words
of this Ordinance may be changed to section, article or some other appropriate word or phrase
to accomplish codification in the absolute discretion of the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected
with the authorization of the City Manager, or designee, without the need for a public hearing.
Section 9. Effective Date.
This ordinance shall become effective and be enacted immediately upon its passage
and adoption.
Passed and adopted this 26th day of August, 2024.
Attest: City Commission of the City of Sanford,
Florida
Traci Houchin, MMC, FCRM Art Woodruff
City Clerk Mayor
For use and reliance of the Sanford-
City
anford City Commission only. Approved as to'° ---`
form and legality.
iam 1. Colbert, City At o ney
ACA
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FST, 1811 FLORIDA
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
An ordinance of the City of Sanford, Florida amending the provisions of Section 2-122 of
the Code of Ordinances of the City of Sanford (City Code) relating to organizational
provisions and membership on City boards, commissions or committees; repealing
Section 2-3, City Code, relating to procedures for the enactment of ordinances and public
hearings; providing for legislative findings and intent; providing for implementing
administrative actions; providing for a savings provision; providing for conflicts, providing
for severability; providing for codification and the correction of scrivener's errors and
providing for an effective date.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
11-
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The provisions of Section 2-122 of the City Code, relating to organizational provisions;
membership on City boards, commissions or committees, are proposed to address
meeting absences and vacancies which have been a recurring issue on some bodies. In
addition to adding clarifying language, the proposed ordinance provides that it is grounds
for removal when a member of a City board, commission or committee has been absent
from meetings on 3 or more occasions during a 12 -month period, as determined by the
City Commission. The City Commission would evaluate these matters after a report being
provided by the City Clerk at the time of the annual appointment cycle which report would
identify those members of bodies which have 3 or more absences during the past 12 -
month period.
Further, the provisions of Section 2-122 of the City Code are amended in the proposed
ordinance to provide that each regular member and each alternate member of a City body
are required to notify the designated City staff liaison in advance of a meeting (in writing)
when it is anticipated that the member will be absent from a meeting. If the member has
3 absences in a 12 -month period, when unexcused, those absences shall operate as a
resignation from membership and a vacancy in office without any other action being
taken. Upon such occurrence, the City staff liaison for the body shall promptly advise the
City Clerk of the event of such a resignation and the City Clerk shall promptly take steps
to have the vacancy filled by the City Commission. If an alternate member to the body
has been appointed, then the alternate member shall become the regular member in such
circumstances and the vacancy filled shall be filled as an alternative member. If there are
more than a single alternate member appointed to the body, then the member with the
most seniority shall serve as a regular member. If 2 or more board members have equal
seniority, then the new regular member shall be selected by lot as administered by the
City Attorney at a meeting of the body.
Next, proposed ordinance repeals Section 2-3 of the City Code, which provides for
unnecessary procedures for the enactment of ordinances by the City Commission. The
provisions of Section 166.041, Florida Statutes, and other controlling law adequately
provide for a process in which to enact City ordinances and provide for full public
participation and those processes are becoming increasingly complex in their own right.
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Lastly, the proposed ordinance provides that all committees established by means of a
resolution, adopted by the City Commission, except for the Community Development
Block Grant Advisory Committee and those standing bodies which listed in Section 2-121
of the City Code, shall now function as ad hoc citizen advisory committees which meetings
shall be supported by City staff consistent with the needs of the committee and the
capabilities of City staff.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
None.
3. Estimate of direct compliance costs that businesses may reasonably incur:
None.
4. Any new charge or fee imposed by the proposed ordinance:
None. --
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
The effect of the proposed ordinance should be to reduce administrative time and
administrative costs relating to the operations of City boards and the processing of the
enactment of ordinances, and like actions.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
7. Additional information
Reference to the City staff report/agenda memorandum and the public hearings on the
proposed Ordinance may be of assistance.
31 P,ve
0 CITY OF
SkNFORD A ppG� �[D WS _ RM X
FLORIDA Item No.? • P
CITY COMMISSION MEMORANDUM 24243
AUGusT 26, 2024, AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Traci Houchin, MMC, FCRM, City Clerk
and -,-7
Lonnie N. Groot, Assistant City 4tf'orndy'
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City
SUBJECT: City Boards, Commissions Or Committees;
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
No. 2024-4801
Approval, on first reading, of Ordinance No. 2024-4801, providing for certain revisions to the City
Code relating to City boards, commissions or committees is requested.
FISCAL/STAFFING STATEMENT:
The proposed action should operate to allow City boards, commissions or committees to function
in a less complex and less costly manner in terms of eliminating unnecessary administrative staff
and other actions.
BACKGROUND:
The provisions of Section 2-122 of the City Code, relating to organizational provisions;
membership on City boards, commissions or committees, are proposed to address meeting
absences and vacancies which have been a recurring issue on some bodies. In addition to adding
clarifying language, the proposed Ordinance provides that it is grounds for removal when a
member of a City board, commission or committee has been absent from meetings on three or
more occasions during a 12 -month period, as determined by the City Commission. The City
Commission would evaluate these matters after a report being provided by the City Clerk at the
time of the annual appointment cycle which report would identify those members of bodies which
have three or more absences during the past 12 -month period. The number of absences for the
Sanford Museum Board would be two as that Board meets only four times a year.
Further, the provisions of Section 2-122 of the City Code are amended in the proposed Ordinance
to provide that each regular member and each alternate member of a City body are required to
notify the designated City staff liaison in advance of a meeting (in writing) when it is anticipated
that the member will be absent from a meeting. If the member has three absences in a 12 -month
period, when unexcused, those absences shall operate as a resignation from membership and a
vacancy in office without any other action being taken. Upon such occurrence, the City staff liaison
for the body shall promptly advise the City Clerk of the event of such a resignation and the City
Clerk shall promptly take steps to have the vacancy filled by the City Commission. If an alternate
member to the body has been appointed, then the alternate member shall become the regular
member in such circumstances and the vacancy filled shall be filled as an alternative member. If
there are more than a single alternate member appointed to the body, then the member with the
most seniority shall serve as a regular member. If two or more board members have equal seniority,
then the new regular member shall be selected by lot as administered by the City Attorney at a
meeting of the body. Again, the number of absences would be two for the Sanford Museum Board
as that body meets only about four times each year.
Also, the provisions of Section 2-122 of the City Code are amended in the proposed Ordinance to
provide that the term limit provisions shall not apply to members of the Sanford Airport Authority
if a member is reappointed with a 4/5ths vote of the City Commission.
Next, proposed Ordinance No. 2024-4801 repeals Section 2-3 of the City Code, which provides
for unnecessary procedures for the enactment of ordinances by the City Commission. The
provisions of Section 166.041, Florida Statutes, and other controlling law adequately provide for
a process in which to enact City ordinances and provide for full public participation and those
processes are becoming increasingly complex in their own right.
Lastly, the proposed Ordinance provides that all committees established by means of a resolution,
adopted by the City Commission, except for the Community Development Block Grant Advisory
Committee and those standing bodies which listed in Section 2-121 of the City Code, shall now
function as ad hoc citizen advisory committees which meetings shall be supported by City staff
consistent with the needs of the committee and the capabilities of City staff.
LEGAL REVIEW:
The Assistant City Attorney has assisted in this matter and has no legal objection to the proposed
action.
The City Commission moved to approve the first reading of Ordinance No. 2024-4801, on August
12, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 18,
2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4801.
AVAILABLE MOTION:
"I move to adopt Ordinance No. 2024-4801."
Attachments: (1). Ordinance No. 2024-4801
(2). Business Impact Statement.