The URL can be used to link to this page

Home My WebLink AboutVI (D) Appointment to Boards: Board of Adjustment AGENDA 5-2-95 Item VI D 1 • • • _ _ City of Ocoee ►i41 o Q �0 150 N. Lakeshore Drive � Jean Grafton ''4 o. goo � Ocoee, Florida 34761-2258 City Clerk (407)656-2322 FAX(407)656-5725 MEMORANDUM TO: Honorable Mayor and Board of City Commissioners FROM: Jean Grafton, City Clerk DATE: April 28, 1995 RE: Appointments to Boards Board of Adjustment The terms of Member Genevieve Foster and Alternate Member Kenneth Hale are expiring May, 1995. Mrs. Foster is willing to serve a new term should you wish to reappoint her, but Mr. Hale asks that he not be reappointed as he would prefer to serve on a more active board. Please see attached memorandum from Assistant City Attorney David Barker concerning reappointment of spouse of a City Commissioner to Board of Adjustment. Also attached for your information are a current member listing and a brief description of City Boards. We have no applications on file from citizens interested in serving on the Board of Adjustment. mg "PRIDE OF WEST ORANGE" FOLEY & LARDNER III NORTH ORANGE AVENUE,SUITE 1800 • ORLANDO. FLORIDA 32801 TELEPHONE 14071 423.7058 PACSIMILE 1407) 648-1743 TAMPA RIORIDA MAILING ADDRESS: MILWAUKEE,WISCONSIN JACKSONVILLE, FLORIDA POST DICE BOX z193 MADISON.WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON. D.G. WEST PALM BEACH, FLORIDA ORLANDO_ FL.32602-2193 A CNIPOLIS.ILND A N S MEMORANDUM( TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: David P. Barker, Assistant City Attorney THEW: Paul E. Rosenthal, Esq., City Attorney DATE: April 28, 1995 RE: City of Ocoee Reappointment of Spouse of City Commissioner ssioner toEloerd of Adjustment Genevieve Foster currently serves as a member of the Board of Adjustment and is seeking reappointment. She is the spouse of Commissar Foster. We have researched whether the City Commission is prohibited from reappointing a spouse of a City Commissioner to the Board of Adjustment far the City. Subject to the qualifications set forth below, it is our opinion that the City is not prohibited from making such appointment. We are providing you with a written opinion since there is a conflict between the Florida Supreme Court and the Ethics Commission on this issue. Section 112.3135(2)(a),Florida Statutes,restricts the employment and appointment of a relative by a Public Official of the City. The Florida Supreme Court considered the application of this statute to an almost identical situation in the rase of City of Mini Beach v. Galbut, 626 So.2d 192 (Fla. 1993). In City of Miami Beach, the Florida Supreme Court considered the following certified question: WHETHER THE ANTI-NEPOTISM LAW PROHIBITS THE APPOINTMENT OF A CITY COMMISSIONER'S RELATIVE TO THE. QTY'S BOARD OF ADJUSTMENT WHERE (1) APPOINTMENTS ARE MADE BY A FIVE-SEVENTHS VOTE OF THE CITY COMMISSION; (2) THE RELATED CITY COMMISSIONER ABSTAINS FROM VOTING; AND (3) THE coo/zoo t tI3Nfflm tf/LT 5T79 LOVA co:ZT 56/SZ/t0 RELATED CITY COMMISSIONER TAKES NO ACTION WHICH IN ANY WAY ADVOCATES THE APPOINTMENT OF THE RELATIVE. The Supreme Court answered the above certified question in the negative. Therefore, the City Commission may appoint a spouse of a City Commissioner to the Board of Adjustment if the spouse of the proposed appointee abstains from the vote and takes no action to advocate the appointment of such individual. Appropriate disclosure forms should be filed by abstaining City Commissioner. At the time that the Third Circuit Court of Appeals was bearing the City of Miami Beach case, the Ethics Commission issued Advisory Opinion 92-050 which declared that the alai-nepotism statute would prohibit such an appointment. In the opinion of the Ethics Commission, such appointment would be profited under any circumstances. This opinion specifically stated that it was in direct conflict with the City of Miami decision. It is not clear if the Ethics Commission would change its opinion based upon the affirmation of the City of Miami Beach decision by the Florida Supreme Court. In our opinion, the Florida Supreme Court decision controls the authority of the Ethics Commission in this matter. DPB:dh 1401#515IDEMEUIPERalk sea/coorn 11alloxv1 V Anal Vier Sts Lots, CO ZT esfsz/to BOARD OF ADJUSTMENT Member District Phone Number Term Expires Bruce Beatty (Chmn) 4 656-8019 (H) May 1997 1327 Olympia Park Circle 828-4027 (W) Ocoee, FL 34761 Bob Colburn (VChmn) 4 292-5696 (H) May 1997 704 Stinnett Drive 824-5542 (W) Ocoee, FL 34761 Genevieve Foster 2 656-3372 (H) May 1995 824 E. Starke Lake Cir. Ocoee, FL 34761 Tanya C. Miller 2 877-7296 (H) May 1996 912 Center Street 836-7979 (W) Ocoee, FL 34761 John W. Resnik, Jr. 4 298-2928 (H) May 1996 407 Abby Ridge Ct. 299-7180 (W) Ocoee, FL 34761 ext. 212 Alternates Daniel J. Birnstihl 4 298-8994 (H) May 1996 863 Hammocks Drive 877-3440 (W) Ocoee, FL 34761 Kenneth A. Hale 1 877-3475 (H) May 1995 801 Apricot Drive 656-9749 (W) Ocoee, FL 34761 BDADJUST/mbg/April 25, 1994 BRIEF DESCRIPTION OF CITY BOARDS BOARD OF ADJUSTMENT Meets as needed 5 members, 2 alternates - 3 year terms Duties: To hear and decide appeals for administrative review; to hear and recommend to City Commission special exceptions and variances to the zoning ordinance. CITIZEN ADVISORY COUNCIL FOR POLICE DEPARTMENT Meets 3rd Thursdays, alternate months No less than 15 members, no more than 25 members - 3 year terms Duties: To promote and maintain communication, cooperation and a positive relationship between the citizens of the City of Ocoee and the Ocoee Police Department. CODE ENFORCEMENT BOARD Meets 4th Tuesdays, 7:30 p.m. 7 members, 2 alternates - 3 year terms (Membership will, when practicable, include an architect, a businessman, an engineer, a general contractor, a sub-contractor and a realtor) . Duties: To review infractions of City technical codes, negotiate compliance and impose fines for failure to comply. PERSONNEL BOARD Meets as needed 5 members - 3 year terms (Membership will include at least 1 City employee, 1 City Commissioner, 1 person who holds management position with City, and 1 citizen of Ocoee who is not employed by and does not hold office with City. All must be qualified electors of the City. ) Duties: Responsible for developing personnel policies for the City and recommending such policies to City Commission for adoption. PLANNING AND ZONING COMMISSION Meets 2nd Tuesdays, 7:30 p.m. 7 members, 2 alternates - 3 year terms (Membership will, when reasonable, include an architect, an engineer, a general building contractor, a real estate agent and lay persons) . Duties: Establishes principles and policies for guiding action affecting development in the City and its environs. Determines whether special proposed developments conform to the principles and requirements of the comprehensive plan. Acts in advisory capacity to the City Commission. RECREATION ADVISORY BOARD Meets 2nd Mondays, 7:30 p.m. 7 members - 2 year terms Duties: To advise the Mayor, Board of City Commissioners, City Manager and Recreation Director on the operation of the City's parks, recreational facilities and programs. GENERAL EMPLOYEES' RETIREMENT TRUST FUND BOARD OF TRUSTEES 5 members: 2 employees, 2 residents and 5th member chosen by majority of the previous 4 members. 2 year terms Duties: General administration and responsibility for the operation of the Retirement Trust Fund for general employees. POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT TRUST FUND BOARD OF TRUSTEES 5 members: 1 police officer, 1 firefighter, 2 residents and 5th member chosen by majority of the previous 4 members. 2 year terms Duties: General administration and responsibility for the operation of the Retirement Trust Fund for the City's police officers and firefighters. BRDSDES/mbg/December 8, 1994 FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH. FLORIDA ORLANDO. FL 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: David P. Barker, Assistant City Attorney V THRU: Paul E. Rosenthal, Esq., City Attorney. rL DATE: April 28, 1995 RE: City of Ocoee Reappointment of Spouse of City Commissioner to Board of Adjustment Genevieve Foster currently serves as a member of the Board of Adjustment and is seeking reappointment. She is the spouse of Commissioner Foster. We have researched whether the City Commission is prohibited from reappointing a spouse of a City Commissioner to the Board of Adjustment for the City. Subject to the qualifications set forth below, it is our opinion that the City is not prohibited from making such appointment. We are providing you with a written opinion since there is a conflict between the Florida Supreme Court and the Ethics Commission on this issue. Section 112.3135(2)(a),Florida Statutes,restricts the employment and appointment of a relative by a Public Official of the City. The Florida Supreme Court considered the application of this statute to an almost identical situation in the case of City of Miami Beach v. Galbut. 626 So.2d 192 (Fla. 1993). In City of Miami Beach, the Florida Supreme Court considered the following certified question: WHETHER THE ANTI-NEPOTISM LAW PROHIBITS THE APPOINTMENT OF A CITY COMMISSIONER'S RELATIVE TO THE CITY'S BOARD OF ADJUSTMENT WHERE (1) APPOINTMENTS ARE MADE BY A FIVE-SEVENTHS VOTE OF THE CITY COMMISSION; (2) THE RELATED CITY COMMISSIONER ABSTAINS FROM VOTING; AND (3) THE RELATED CITY COMMISSIONER TAKES NO ACTION WHICH IN ANY WAY ADVOCATES THE APPOINTMENT OF THE RELATIVE. The Supreme Court answered the above certified question in the negative. Therefore, the City Commission may appoint a spouse of a City Commissioner to the Board of Adjustment if the spouse of the proposed appointee abstains from the vote and takes no action to advocate the appointment of such individual. Appropriate disclosure forms should be filed by abstaining City Commissioner. At the time that the Third Circuit Court of Appeals was hearing the City of Miami Beach case, the Ethics Commission issued Advisory Opinion 92-050 which declared that the anti-nepotism statute would prohibit such an appointment. In the opinion of the Ethics Commission, such appointment would be prohibited under any circumstances. This opinion specifically stated that it was in direct conflict with the City of Miami decision. It is not clear if the Ethics Commission would change its opinion based upon the affirmation of the City of Miami Beach decision by the Florida Supreme Court. In our opinion, the Florida Supreme Court decision controls the authority of the Ethics Commission in this matter. DPB:dh C:\WP51\DOCS\OCOE\MEMOS\DPBDDH04.28114!28/95I DEBBIEH I PER:dh