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4554 Board Residency, Amendments, DRT' � 1 Ordinance No. 2020-4554 An ordinance of the City of Sanford, Florida amending Section 2-122, City Code, relating to the organizational provision pertaining to City boards, commissions or committees and all provisions of the City Code (Land Development Regulations, et. al.)pertaining to the development review team (DRT) and like entities; vesting the authority of the DRT in the City's Administrative Official and repealing and eliminating the DRT as an entity; providing for legislative findings and intent; providing for implementing administrative actions; providing for conflicts, providing for a savings provision and the curative effect of the ordinance; providing for severability; providing for non -codification as well as 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 163, Florida Statutes; Chapter 166, Florida Statutes; and other applicable controlling law; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Now Therefore, Be it enacted by the People of the City of Sanford: Section 1. Legislative Findings And Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) set forth herein. (b). Additionally, the City Commission agenda memorandum and related materials are adopted as the basis for the action taken in this Ordinance. Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike dffe,,g shall constitute deletions to current text of the City Code. 12 Section 2. Amendment To Section 2-122, City Code. The provisions of Section 2-122 of the Code of Ordinances of the City of Sanford are amended 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; to the development review GOMmi teemsthe plans Fe i ^nmmittee or entities of a similar �vv�. c�Trn-rrrcrc�. 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. (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 must, 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 subiect to that tax or the ad valorem tax relating to business property; or an appointee who Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and str- -n thfoughg shall constitute deletions to current text of the City Code. �3 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 deemed tG have Fesigned upon be replaced at any time thereafter by the City Commission if the City Commission determines to act in that manner, but shall may continue to serve on an inteFim basis until unless the City Commission takes such (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 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 Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike di+o,,ghs shall constitute deletions to current text of the City Code. 14 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 (i) three unexcused absences within a 12 -month period as determined by the City Commission or (ii) misfeasance, malfeasance or dereliction of duty or such other conduct that provides for 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 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 Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike thio, ghs shall constitute deletions to current text of the City Code. �5 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 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. 0) Absences. Each regular member and each alternate member shall notify the designated City staff liaison when it is anticipated that the member will be absent from a meeting. At the meeting, upon written request of the member which must occur prior to the next meeting, the body may vote to excuse the absence provided that the staff liaison was notified at least 24 hours prior to the scheduled meeting; provided, however, that less notice will be acceptable in the event of exigent circumstances facing the member and causing the absence. Absent a timely written request, the absence shall be recorded as unexcused. Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike thfough shall constitute deletions to current text of the City Code. �6 (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 matters that are quasi-judicial in nature when not sitting as a voting member, but the Ghairperson in his nr her diSnrotinn- may participate of altemate members when matters are advisory in nature. nitemate members may sense vote or et of vote at a meeting. 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. Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and st-Fike thfoug shall constitute deletions to current text of the City Code. _ 17 (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 AttorneV, 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 Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and stfi e thro,,g shall constitute deletions to current text of the City Code. 1s 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 federal law 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 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. 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 Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike tl...^„& shall constitute deletions to current text of the City Code. �9 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. Development Review Team Administrative Reform. (a). Findings For This Section. The activities of the City's Development Review Team (DRT) were severely affected by the impacts of the recent state of emergency and the social distancing that is required. Virtual meetings are most difficult to implement. The City staff and City Attorney have been discussing for a long while the many benefits that would result from the transition of the DRT from a body of a formal nature, and all that that entails to a process whereby staff engages in evaluation of development proposals and makes comments in a non -committee context which can then be transmitted to applicants. The same function is preserved in doing so, but the notice, minute taking, and other technical requirements are eliminated. The mechanism not only saves administrative time, but also provides the potential to streamline the development review process. City staff has, accordinglly, requested that the City Commission direct it to make necessary modifications to the City's (procedural and non -substantive in terms of development rights, etc.) Land Development Regulations (LDRs) as they relate to the DRT and to invoke the provisions of Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike through shall constitute deletions to current text of the City Code. X10 Section 3.16 of the LDRs relating to zoning in progress. On April 27, 2020 the City Commission took such action. The functions of the DRT can be administratively processed and generally handled in a much more customer friendly, and "open for business" manner. By the removing the DRT's status as a committee, and establishing a staff function for review, opportunities for customers to convene the precise staff are available as well as for flexible times and dates to meet. The modifications to the LDRs would eliminate the DRT as a formally constituted review and approval body. Recommendations would still be presented by City staff relative to. development applications as determined to be appropriate for various processes as determined by City Management. The roles and functions of the Planning and Zoning Commission, the Historic Preservation Board and Public Art Commission, much less the City Commission, are not affected in any way. City staff will continue to hold pre -application meetings where an applicant will be provided with a variety of general information from the different departments regarding the City's requirements and processes, contact information, applicable codes and fees. And, in the case of emergencies such as the one which has recently impacted the City, the elimination of the DRT will make the development review process much more flexible and customer friendly will continue to protect the public interest. Applications such as those for annexation, subdivisions, site plans, street vacations, planned development projects and those referred by the City's appointed Administrative Official which is an office created under the LDRs will proceed smoothly. The Administrative Official is vested with adequate authority to address matters relative to the City's development review process under the City's LDRs. Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike thfrs shall constitute deletions to current text of the City Code. X11 (b). Actions Relating To Development Review Team. Based upon the foregoing provisions of Subsection (a), the City's code codifier (City Clerk) shall take all actions needed, in coordination with the City Attorney, to modify the provisions of the Cites LDRs (and provisions of the City Code, generally, as may be needed) to vest the authority of the DRT in the Administrative Official and the DRT is hereby repealed and eliminated as an entity with all functions of the DRT being vested in the Administrative Official. 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. Conflicts. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 6. Savings; Effect Of Ordinance. The prior actions of the City of Sanford in terms of the matters relating to any and all actions and activities of the City pertaining to the appointment and administration of City boards, commissions or committees, or those of an associated nature, including, but not limited to, the Development Review Team, are hereby ratified and affirmed. Section 7. Codification; Scrivener's Errors. (a). The provisions of Section 2 of this Ordinance shall be codified and the provisions of Section 3 shall be implemented by the Code codifier (City Clerk) and all other sections shall not be codified. Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike thfoughs shall constitute deletions to current text of the City Code. X12 (b). 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 endorsement of the City Manager, or designee, without the need for a public hearing. Section 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 9. Effective Date. This Ordinance shall take effect immediately upon enactment with the incentives being paid only as set forth herein and in no other way and in no other time frame. Passed and adopted this 24th day of August, 2020. Attest: City Commission of ,he Ci of Sanford, Floric�t Traci Houchin, MMC, FCRM, City Cler 1%odr6ff, Approved as to form and Legality: )C' � zo William L. Colbert, Esquire `... City Attorney Underlined words shall constitute additions to the current text of the City Code, * * * shall constitute ellipses (spaces where current City Code provisions are omitted for the sake of the ease of reference), and strike thr-o,,g shall constitute deletions to current text of the City Code. WS _X_ RM o , CITY of Item No.SkNFORD , i FLORIDA CITY COMMISSION MEMORANDUM 20.147 AUGUST 24, 2020 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Traci Houchin, MMC, FORM, City Clerk SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Ordinance Relating To Residency Of City Board, Commission And Committee Members And Other Matters; Elimination Of Development Review Team (DRT); Ordinance Number 4554. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ® Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: The City Commission is being requested to approve and enact, on second reading, Ordinance No. 4554 relating to residency of City boards, commissions and committees members and other matters as well as the elimination of Development Review Team (DRT) FISCAL/STAFFING STATEMENT: There are no anticipated costs to the City and, indeed, the City is likely to save money in terms of reduced administrative costs. BACKGROUND: On August 10, 2020, the City Commission discussed and directed City staff to modify Section 2- 122 of the City Code to amend the residency requirements for members of City boards, commissions and committees. Earlier, on May 18, 2020, the City Commission also discussed the residency requirements for members of City boards, commissions and committees. During the course of the drafting process, City staff also developed provisions to modify Section 2-122 of the City Code to address issues that have arisen during the course of meetings of the Planning and Zoning Commission (P&ZC) and the Historic Preservation Board (HPB). Ordinance No. 4554, as directed by the City Commission; provides that, at the time of appointment, an appointee to a City board, commission or committee must 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. A four-fifths vote of the City Commission must occur at the time of appointment to appoint a non-resident. Also, on April 27, 2020, the City Commission initiated review of the City's Land Development Regulations (LDRs) relating to the elimination of the DRT from the development review process and initiated the zoning in progress provisions of Section 3.16 of the LDRs. Thus, in response to the directions of the City Commission and in order to address the various issues that have arisen over time during the course of P&ZC and the HPB meetings, City staff developed Ordinance No. 4554. Ordinance No. 4554 accomplishes the following: (1). Directs the City's code codifier (City Clerk) to take all actions needed, in coordination with the City Attorney, to eliminate the DRT and modify the provisions of the City's LDRs (and provisions of the City Code, generally, as may be needed) to vest the authority of the DRT in the Administrative Official. (2). Provides that it is the preferred policy of the City that every appointee to a board, commission or committee be, to the extent practicable as determined in the sole discretion of the City Commission, at the time of appointment, a resident of the City and an elector of Seminole County, but that an appointee to a City board, commission or committee must 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. A four-fifths vote of the City Commission must occur at the time of appointment to appoint a non-resident. (3). In order to avoid issues that arise from time -to -time relating to voting on excusing absences, a written request for excusal of the member must occur prior to the next meeting, and absent a timely written request, the absence shall be recorded as unexcused. (4). With regard to alternate members, Ordinance No. 4554 makes clear that they may participate when matters are advisory in nature. (5). Provides that processes and procedures for virtual meetings using communications media technology shall be developed and implemented when either required or authorized under controlling law. (6). Clarifies intent of the City Code relating to applicability to staff committees and that the City Clerk manages the year-to-year application and appointment process on behalf of the City Commission. The City Commission approved the first reading of Ordinance No. 4554 on July 13, 2020. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 14, 2020. On August 10, 2020, the City Commission discussed Ordinance No. 4554 at its work session and directed City staff to further modify Section 2-122 of the City Code in the proposed Ordinance by amending the residency requirements for members of City boards, commissions and committees. The Ordinance now provides that, at the time of appointment, an appointee must 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 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. A four-fifths vote of the City Commission is still required to occur at the time of appointments to appoint a non-resident. LEGAL REVIEW: The City Attorney has assisted in the development of Ordinance No. 4554. RECOMMENDATION: City staff recommends that the City Commission approve and enact Ordinance No. 4554 on second reading. SUGGESTED MOTION: "I move approve and enact Ordinance No. 4554 on second reading." Attachment: Ordinance No. 4554.