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HomeMy WebLinkAbout4820 Sanford Museum Board RepealOrdinance No. 2025-4820 An ordinance of the City of Sanford, Florida relating to the Sanford Museum Board; repealing all provisions of Part II, Chapter 2, Division 2 of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-201 through 2-203 of the City Code; and amending Part Il, Chapter 2, Division 2, Section 2-121 of the City Code; 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, the City Commission of the City of Sanford, almost 20 years ago, enacted provisions of the City Code which created the Sanford Museum Board, but the governmental aspects of the Board have changed over time; and Whereas, the City Commission of the City of Sanford desires to repeal the provisions of Sections 2-201 through 2-203 of the City Code, as well as the associated Section 2-121 of the City Code, relating to the creation and duties of the Sanford Museum Board as a result of changes in the manner in which the City of Sanford's government functions and the operations of the Sanford Museum and the Sanford Museum Board; and 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 Whereas, the City Commission of the City of Sanford has deemed approval of this Ordinance to be in the best interests of the residents and citizens of the City of Sanford; 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. 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. Repealer; Sanford Museum Board (Sections 2-201 Through 2- 203 Of The City Code); Amendment Of 2-121 Of The City Code. (a). All provisions of Part II, Chapter 2 — Administration, Article IV. - Boards, Commissions and Committees - Division 2. Sanford Museum Board - of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-201 through 2-203 of the City Code are hereby repealed. (b). Section 2-121 of the City Code is amended as follows (stFikethFoug.14 text means text that is deleted): 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 a 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) Sapferrd M Bear,04:7. (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 determination as to the needs of the body and the availability of staff and other resources. The City Attorney 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 31 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 Attorney or any outside consulting engineer to provide services for a board, commission or committee. Section 3. 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 4. Savings. The prior actions of the City of Sanford relating to the Sanford Museum Board, and any and all related matters, procedures or processes, are hereby ratified and affirmed. Section 5. 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 6. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Section 7. Codification; Scrivener's Errors. (a). The provisions of Section 2 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 the City Code. LK (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 8. Effective Date. This ordinance shall become effective and be enacted immediately upon its passage and adoption. Attest: Passed and adopted this 14th day of April, 2025. (!A(L Traci h W Fin, MMC, FCRM Y le04 r mQto, C 1�e For us nd reliance of the Sanford City Commission only. Approved as form and legality. City Commission ofthe City of Sanford, Flo jdp Art Y40od ruff Mayor City Attorney 110ridIc- ,4cA 51 E S'V /11 CITY OF SANFORD 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. Ordinance No. 2025-4820 An ordinance of the City of Sanford, Florida relating to the Sanford Museum Board; repealing all provisions of Part II, Chapter 2, Division 2 of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-201 through 2-203 of the City Code; and amending Part II, Chapter 2, Division 2, Section 2-121 of the City Code; 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; 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). Almost 20 years ago, the City Commission enacted provisions of the City Code creating the Sanford Museum Board. The governmental aspects of the Museum Board have changed over time. The proposed ordinance repeals the provisions of Sections 2-201 through 2-203 of the City Code, as well as a subsection of the associated Section 2-121 of the City Code, all of which relate to the creation and duties of the Sanford Museum Board. At the future meeting at which Ordinance No. 2025-4820, will be heard on second reading, Resolution No. 2025-3370, will be submitted to the City Commission for adoption. Resolution No. 2025-3370 will establish a City Museum Advisory Board to be composed of members appointed in accordance with the provisions of the Resolution. The purpose of the Board will be to serve in an ad hoc informal advisory capacity to the City Commission in an informal manner. The City Commission may appoint any number of persons to the Board or designate an organization or organizations to make an appointment or appointments to the Board. The Board will assist the City Commission by evaluating the functions, operations, programs and activities of the Sanford Museum from time -to -time and providing summaries of its discussions and deliberations from time -to -time to the City Commission. The Board shall meet as often as necessary in order to adequately accomplish its duties. The Board shall not be subject to the formalities and legal requirements of a formal body and shall operate as a consensus generating informal ad hoc body which provides summaries of its proceedings and consensus as it determines or as requested by the City Commission. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: There appears to be no viable or direct economic impact. 13. 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: None. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. The City and City businesses will benefit economically from the actions of the City to by modifying the Sanford Museum Board by changing the body to an ad hoc informal group of citizens. 7. Additional information: The public may find it beneficial to review the City Commission agenda memorandum relating to the proposed Ordinance as well as other public records of the City to attain a full understanding of all matters pertaining to the subject property and its history. Also, the title reports relating to the subject property are specifically available to the public. .., CITY O F � plf if �O0 U I�IJ _ dlisumb SkNFORD WS RM X F ORIDA Item No CITY COMMISSION MEMORANDUM 25.102 APRIL 14, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Lisa Jones, Parks and Recreation Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Ordinance No. 2025-4820; Resolution No. 2025-3370; Sanford Museum Board Repeal STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ® Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting the adoption of Ordinance No. 2025-4820, repealing the provisions of the City Code pertaining to the Sanford Museum Board, along with the adoption of Resolution No. 2025-3370 to establish the Sanford Museum Board and an advisory Board. FISCAL/STAFFING STATEMENT: There will be no budgetary impacts to the City and, indeed, there is likely to be fiscal benefits resulting from the current Sanford Museum Board becoming an informal ad hoc advisory body. BACKGROUND: Almost 20 years ago, the City Commission enacted provisions of the City Code creating the Sanford Museum Board. The governmental aspects of the Museum Board have changed over time. Ordinance No. 2025-4820, repealing the provisions of Sections 2-201 through 2-203 of the City Code, as well as the associated Section 2-121 of the City Code, all of which relate to the creation and duties of the Sanford Museum Board. Resolution No. 2025-3370 will establish a City Museum Advisory Board to be composed of members appointed in accordance with the provisions of this Resolution. The purpose of the Museum Advisory Board is to serve in an ad hoc informal advisory capacity to the City Commission in an informal manner. The City Commission may appoint any number of persons to the Museum Advisory Board or designate an organization to make an appointment or appointments to the Board. The Museum Advisory Board will assist the City Commission by evaluating the functions, operations, programs and activities of the Sanford Museum from time -to -time and providing summaries of its discussions and deliberations from time -to -time to the City Commission. The Board shall meet as often as necessary in order to adequately accomplish its duties. The Board shall not be subject to the formalities and legal requirements of a formal body and shall operate as a consensus generating informal ad hoc body which provides summaries of its proceedings and consensus as it determine or as requested by the City Commission. LEGAL REVIEW: The City Attorney has assisted in this matter and has no legal objection. The City Commission approved Ordinance No. 2025-4820, on first reading on March 31, 2025. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 13, 2025. RECOMMENDATION: City staff recommend that the City Commission adopt Ordinance No. 2025-4820, along with the adoption of Resolution No. 2025-3370. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4820, along with the adoption of Resolution No. 2025- 3370." Attachments: (1). Ordinance No. 2025-4820. (2). Business Estimate Statement. (3). Resolution No. 2025-3370. 21