Ordinance 04-1683ORDINANCE NO. 041683
AN ORDINANCE OF THE CITY OF LONGWUOD, FLORI-A,
AMENDING ORDINANCE N0.02-1599, LONG W OOD
DEVELOPMENT CODE, ARTICLE VIIl BOARDS AND
AGENCIES, B.I.O GENERALLY IN ITS ENTIRETY A,ND
REPLACING IT W ITH 8.1.0 APPOINTMENT TO BOARD
VACANCIES; AMENDING 8.2.0 LAND PLANNING AGENCY IN
ITS ENTIRETY AND REPLACING IT W ITH 6.2.0 CODES OF
CONDUCT FOR BOARD MEMBERS; AMENDING 8.3.0 BOARD
OF ADJUSTMENT IN ITS ENTIRETY AND REPLACING IT
WITH 8.3.0 RULES AND PROCEDURES FOR BOARDS;
AMENDING 8.4.0 HISTORIC PRESERVATION BOARD LN ITS
ENTIRETY AND REPLACING IT WITH 8.4.0 LAND PLANNING
AGENCY; ADDING 8.5.0 BOARD OF ADJUSTMENT; ADDING
8.6.0 HISTORIC PRESERVATION BOARD; PROVmCNG FOR
CONFLICTS, SEVERABiLITY AND EFFECTIVE DATE.
WHEREAS, the City Commission has determined chat there ere inwnsiatenoies
between provisions oflongwood Development Code, Article VIII Roards and Agencies,
8.1.0 Generally; 8 2 0 Land Planning Agency; 8.3.0 Board of Adjustment; 8 4 0 Historic
Preservation Board; and
W REREAS, the City Commission believes it is in the best interest to add in
Article VII18oards and Agencies, 0.1 0 Appointment ~o Board Vacancies; 8.2.0 Codes of
Conduct for Board Members; 8.3 0 Rules and Procedures for Boards; 8 4 0 Land
Planning Agency, 8 5 0 Hoard of Adjustment; B.b 0 Historic Preservation Board; and
WHEREAS, the City Commission has deermined thar it ~s necessary to amend
the wda so az to eliminate the inwnsis~encies and to make other changes which will
provide for more effective rules and procedures.
NOW, THERFORE, BF, IT ORDAINED BY THF. CITY COMMISSION OF
THE CITY OF I,ONGWOOD, FLORIDA as follows:
Ordinenre No. 06-tfi83
Page 1 of 10
SECTION[. Article Vlll,'BOards and Agencies'of iha City of
Longwood Development Code, Florida, be repealed and a new Article VIII,
"Boards and Agencies' shall hereafter be added to read as follows'.
ARTICEE VDI
BOARDS AND AGENCIES
8.1.0 APPON'TMENT TO BOARD VACANCIES.
A. The city does hereby adopt uniform procedures for the Land Planning Agency,
the Board of Adjustment, and the Historic Preservation Hoard.
B. At largen ions will be rotated among Commissioners commencing with
Distnn No. ;na
C. NOIim umber of tern s_There shall not be anylim' nthe
umbertoftoermsnthat aboard member may serve. All appoint and
reappoin s shall be subjec o the n on for appoint
reappointment by the Commissioner in the d ettrict of the appointment and
approval by a majority ofthe Commission.
D. Boards vacancies.'fhe City Clerk will maintainamaster list of all board
pos and rha expire on dates of pres embers The City Clerk will
notify Commiasioners sixty (60) days priortto the expiration ofterms of office
with a board ivformetian sheet listing present members, expiration oPterms
whether embers des esppoin ring schedule and duti sof pos ons.
lfpossible, City Comm ssioners will prov de ioformation tothe City Clerk t
regarding the names and qualifwtions ofthe individuals they intend to nominate
for appointment and reappointment as soon as possible prior m the expiration of
that sofofAce The City Clerk will providethis ioformation to mwnbers of
the Com mmedietGy upon eceipt and list the proposed nommanons on
the agenda prior to the regular meeting.
E. Board vacancies may be advertised on water bills, posters, bulletin board,
ewspaper advertisements and the airy newsletter. Tha City Clerk will maintain
a file of board applica and distribute copy to ach Com rupon
request All applications shall disclose that board members must comply with
Section 112 3145, Florida Statutes the Financial Disclosure Law.
F. Distrin appoimmemts. Where possible, Commissioners should nominate
individuals to fll distrin vacancies from applicants who live within their districts
and who Gave exprossed an interest in serving on a particular board his the
nt ofthe Commission that the most qualifed applicants be appointed. To
further the intent oPthe Commission to nominasethe most qualiRed applicants,
Commissioners may select individuals Rom other districts; no restriction shall be
orain,n« rva. ualcaa
Page 3 of IO
placed on the number of individuals from other districts:n nshall be
placed on the number of individuals serving on a board fiomrany one (I) district.
G. All appointmemswboards shall be listed on the agenda, and the Commissioner
making the nomination shall provide Dames and qualifications ofthe individual to
be included in the City Commission agenda packets All appointments will be for
complete term of otTCe except that any appoimment to an unexpired term of
office shell be for the a expired term of the office unless there is less than three
(3) months left in the nnexpired term'm which case the appointment shall be Far
the unexpired term plus a full term.
H. The following situations re prohibited:
I) A member serving on morn than one (I) board.
2) M employee of the city serving on any board.
3) A second family member rving on the same board where ano[her family
mamba[ is prosantly serving.
1. Family membor is defined herein es follows: husband, wife, ward of employee,
soq daughter, stepchildren, father, mother, sirter, brother, grandmother,
grandfather, mother-in-law, father in-law, rtepfather, nupmother. grandchildreq
aunt, and/or uncle.
fl.2.0 CODES OF CONDUCT FOR BOARD MEMBERS.
Board members shall have a clear understanding ofthe board's purpose and a willingness
work tobarher to achieve that purpose which implies a desire for svong, positive
relationships between board members and staff and the citizenry. Good relationships are
built upon ual respec unders ending of each other's responsibilities and allowing
each to perfourtn assigned responsibilti[ie,
A. 6oerd-StaffResponsibilities.
1) Artive on ~meto begin meetings as scheduled.
2) Notify staff. at the earliest opport nity, of anticipated ebeevice from a maetiag.
3) Know and practice parliamentary procedure
4) Review background information before meeting, including agenda and
previous minutes.
5) Extend oounery to each other es wall as to all persons apPeazing before the
board.
~ Develop aommumca ions that areopon and responsive to questions end
concerns which arise.
Ordinance No. 041683
Page 4 of 10
Com ooperation, wmmunication and courcesy are the key
alemenlts tonsuweseful relationships.
B. Order and Decorum-Board Members.
1) The members shall mmntmn and preserve order and deco
2) The members shall neither, by conversation or otherwise, delay or interrupt
the proceedings or the peace of the Board nor disturb any member while
speaking or refuse w obey the order of the Board or its chair or presiding
ofTcer.
3) Board members, individually or collectively, shall not give direction to
uty staff members without the cansam oPthe City Adminisrcator.
4) The members shall nut be wnfronmtional with other members, the staff, or
persons in attendance.
>) The mambas shall n make impertinent insulting derogatory,
disrespectful or slandero marks or bx me bois while addressing
other board members, members of sniff or persons to attendance.
6) The members shall not use vulgar. profane, loud or boisterous language
when addressing other board members staff or perwnsma andante.
]) The foregoing wde ofconduct shall apply not only during meetings but also
prior [o and subseque t to me rings, while on city property.
8) All board membere shall refrain from any abusive or disrespeuWl oonduct
ward fellow board members, staff officers of [he City anA members of the
public at all times.
9) All board membere (except Codes Enforcement which has its own attorney)
shall accept the Ieyml opinion of the City Anorney on matters that come before
the board.
Any board member who violates any provision of Section B.. shall be guilty of
misfease and/or maltase and rill be subjec ns pars
Bection 112.501, MunicipalaBOerd Members: 8uspen~ion; Removal, Florida
Statutes.
C. Audience-Decorum and Order.
Members ofthe public attending board meetings shall observe the same rules of
order and dewrum applicable to the board members.
8.3.0 Rti LES AND PROCEDURES FOR BOARDS,
A. All board meetings shell be held in the Ciry Commission Chambers located in
City Hell. (n the event this f§eility is not available, a notion of such change
shall be sent to all members and shall be prominently posted on the door of the
regular meeting place.
Ordinance No. OC1683
Page 5 of 10
H. All board meetings shall be called to order at ]:00 p. m. All meetings are open
to the public and will conform to the requirements of the pertinent Stale
Statutes and City Code requirementx
C. The Recording Secretary shall be responsible for providing the prober notice
for all board meetings. All meetings must be scheduled Through the Recording
Secretary.
D. At the first meeting of each calendar year, the members of The boards shall
sleet, from among its members, a Chair and a Vice Chair. A candidate
ving a majority vote shall be declared elected end shall serves term of
o e year or until a successor shel I take ofllce-
E. The Chair shall moderate and chair all meetings and hearings at which he or
she is present. In the absence of the Chair, the Vice Chair shall preside.
F- Vacancies in The position of Chair or Vice Chair shall be filled immediately by
regular election procedure.
G. The Chair, or three (3) board members, may call other maatings as may ba
scary. All moetings most be propuly noticed and scheduled through the
Recording Secretary.
N_ Those members wishing to speak shall first obtain the approval of the Chair
and each person who speaks shall address the Chair. Persons at the meeting
shall no[ speak until recognized by the Chair.
L The board may request the presence of othu city staff aT any oP its regular or
specialm tings through the assigned city staff member for that board with the
consent of the Ciry Administrator.
). Tba Recordng Secetary shall prepare the agenda of business for ell scheduled
etings. The order ofthe agenda shall be determined by the order in which it
ived. Anyone desiring to place a matter on the agenda shall notify the
Record ng Secretary of such item fifteen (1 S) days in advance of the meeting.
R- The Recording geuetary shell be responsible for m Wing the offSciel
cord and minutes of each meeting. The record shall include all The actions of
the board with respecT to motions and ell other matters germane to having a
permanent rewrd.
L. The Recording Secretary shall be responsible for making an electronic tape
cording of each entire mewing which shell be maintained by the City Clerk
in conformance with applicable State Public Records Law.
Ordinance NO. o4-1683
Page b of 10
M. Randi Sutphin's Parlia ntary Procedure Bas cs for Gov oral Bodies, as
ended from lime to time, shall gov rn parliamentary procedure in all board
meetingslhearings.
N. .All actions of the board are subject to the requirements of Chapter 286 ofthe
Florida Statutes, the Sunshine Law. A11 records shall be open to the public in
accordance with the provisions of Chapter 119, Florida Statutes. as amended.
0. Whenever aquestion is called every member shall vote, unlessaconflict of
est has been declared by a member(s) and the proper forms have been
ecu[ed_ All proper forms must be Flad with the Aecording Secretary within
(1 S) days aHU such vote in ewordeoce with Sae[ion 112 3143 avd Section
286.012, Florida Statues, as amended. Any member declaring a conflict of
ust do so prior to discussion of the matter and may no[parti<ipate in
[head swseion or voting ou the matter-
P. All voting shell be by voice vote avd shall be recorded "aye' or'nay'", or
~o,.
yes" or unless a member requests a roll call. When the kecording
Seerwary is dirersed to call the roll, vo member is entitled to speak ov the
question, nor shall any motion be in order until such roll call is completed and
tber salt i cad lu all ae where taken, the Chair shall
a the r soutts. Onc taken and the Chair s the
esults, there shell be no furthe~discussion from board members staff or
participants, except as provided for in parliamentary procedure.
Q. Staff shall not cancel a monthly meeting without first conferring with the Chair,
n the Chairs able .the Vice Chair a his or her input o the
advisability of canceling the meeting and to seeif therois any additional business
which needs to be wndutted at the mewing
R. Notitica not then cellati nofam tiug due othe lack ofa quo will
be madetby the kecording Secretary byeelephone, fax -
lion, or a
mailed to the members of the Board. A notice of cancellation shall be
properly notiuA and posted on theme ring door.
5. All boards may propose the adoption of supplemental procedures and make
changes as may be appropriate. The City Attorney shall approve all
procedures for legal sumciency avd content- The City Commission shall
approve all supplemental procedures prior to implementation.
T_ Any member who fails to attend three (3) meetings of a board in a twelve (12)
onth calendar yrsr shall eutometiwllyfcrfeit his or lrw appointmem end the
City Commission shall fll such vac ncy as soon as possible.
U. All members shall be required to fle a Financial Disclosure in a manner that
empties with Financial Disclosure as set forth in Section 112.3145, Florida
Statutes.
omiaaaae No. oalsa3
Page 1 of IO
V. All members of the board shall serve without wmpensation.
8.4.0 LAND PLANNWG AGENCY
6.4.1 Creation.
The Land Planning Agency (LPA) is aealed pursuant to Article Vlt, Seo~ion 1.01
of the City Charter-
8.4.3 Authority and Responsibilities
Tha LPA shall have the general responsibility for recommendations regarding the
<itY s grovah management and land development regulation programs.
Specifcally, the LPA shall have such authority and responsibilities as granted or
avsigned to ii by the City Charter, by Chapter 163, Plorida Statutes by specific
provisions of the Development Cade, or other applicable Taws or regulations.
8.4.3 Compos
The LPAtshall co t of five (5) members ve (I) 6om then n of
each district Commissioner and approved by the City Commis o~uatio
8.4.4 Membership.
All members of the board shell be among the qualified voters oC the City of
Longwood. Consideration shall be given w applicants with experience in land
developme and regulati n (For ample: architecture, engineering, landuape
architeaurotreal estate, coostructionx surveying, city planning).
6.4.5 Terms.
5ach member shall be appointed for a Corm of three (3) years.
8.4.6 Meetings.
The LPA shall meet once per month, if needed, on the sewed Wednesday ofthe
month.
8.4.1 Notice of Special Meetings.
All meetings must be properly noticed and scheduled through the Recording
Secretary. Notice ofa special meeting and workshop sessions shall be
scheduled as sary, provided that embers and applicants re provided a
minimum o[fourteen (14) days notioem
8.4.8 Quo
The presence of three (3) or more members shall constitute a quorum of the
LPA necessary to take action. A majority of the quorum may take action on a
BA.9 Public Ncarings.
Public hearings meetings shall be called as required by applicable State Statutes
and/or Ciry Code requirements.
ormnana Nn. o4-16s3
Page 8 of (0
8.4.10 Meeting Agenda.
All publi<hemings shall be heard fra by the LPA. Quasi-judicial matters shall
he identified oo the agenda by the nomnon (QfD).
8.5.0 BOARD OF ADJUSTMENT
8.5.1 Creation.
The Board of Adjustment (BOA) is created pursuant to Article VII, Samion ] 02
of the City Chaser.
8.5.2 Authority antl Responsibilities.
The BOA shall have such authority and responsibilities es granted or assigned to
it by the City Charter, by specifc provisions ofthe Development Code, or other
applicable laws or regulations.
8.5.3 Composition.
The BOA shall courtier of five (5) members, one (I) from the nomination of
each district Commissioner and approved by the City Commission.
8.5.4 Membership.
The members shall be among the qualified voters of the City of Longwood.
Consideration shall be given to eppliemts with expuiance in land development
and regulation (for example: arthi[mme, engineering, landscape architecture,
real estate, cooswction, mrveying, city planning).
8.5.5 Terms.
Each member shall ba appointed for a term of three (3) years.
8.5.6 Meetings.
the BOA shall meet once per momh if needed. on the fourth Wednesday ofthe
month and the third (3'") Wednesday of November and December.
8.5.] Notice of Special Meetings.
All meetings must be properly noticed and scheduled through the Recording
Secretary. Notice ofa special mee[ing and workshop sessions shall be
scheduled as necessary, provided that members and applicants are provided a
minimum of fourteen (14) days natiaa_
8.5.8 Quorum.
The pres of three (3) o embers shall co a quo of the
BOA necessary to take aaionm Aemejority of rho quor tmnmay take action on
8.5.9 Public bearings.
Public hearings meetings shall be called as r quired by applicable Smte Statutes
and/or City Code requirements.
Urtlinance No. 04-1683
Page 9 of I0
8.5.10 Meeting Agenda.
All public hearings shat l be heard first by the AOA_ Quasi judicial matters shall
be identified on the agenda by the notation (Q)D).
8.5.11 MaJority Vote.
A majority vo eof thee embership is required to an
administrative decisioM which has been appealed to the BOAm
8.6.0 t115TORIC PRESERVATION BOARD
A.b.t Creation
The Historic Preservation Roard (HPB), creazed by Ordinance 983, August 20.
1990, is re-authorized as set forth herein.
8.6.2 Authority and Responsibilities.
The HPA shall have such authority and responsibilities as granted, assigned to it
by speoific provisions of the Development Code, or other applicable laws or
regulations.
8.6.3 Compos
The HPe shell oovsist of five (5) members, one (I) kom the nomination of
each district Comm~ssroner and approved by the City Comm~ss~on.
` 8.6A Membership.
The members shall be residents of the City of Longwood and/or own a business or
property within the Historic District.
8.6.5 Terms.
Each member shall be aPPOinted Por a term of [bras (2) years.
8.6.6 Meetings.
The HPB shall meet once per mouth, if needed, on the second Tuesday ofthe
month.
8.6.] No[i<e of Special Meetings.
All meetings must be properly noticed and scheduled through the Recording
gecretary. No[ioe ofa special meeting and workshop ressions shall be
scheduled ae necessary, provided that members and applicants are provided a
minimum oP Sevemy-two (]2)houre notice
B.b.A Quorum.
The preeenoe of three (3) or more members shall aonstitme a quorum of the
HPB necessary to take action A majority of Ihv quorum may lake action on
R.6.9 Meeting Agmida.
Quasi-judicial matters shall be identified on the agenda by the notation (QfD).
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