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HomeMy WebLinkAboutItem 13 Second Reading of Ordinance to Repeal Chapter 15 of the Code of Ordinances and Adopt a Resolution to Reestablish the Parks and Recreation Advisory Board ocoee florlda AGENDA ITEM COVER SHEET Meeting Date: October 5, 2021 Item # 13 Reviewed By: Contact Name: Melanie Sibbitt Department Director: - f, rf Contact Number: Ext. 1026 City Manager: l' Subject Second Reading of Ordinance to Repeal Chapter 15 of the, -ode of Ordinances and Adopt a Resolution to Reestablish the Parks and Recreation Advisory Board Background Summary: The First Reading of Ordinance was read at the September 21, 2021 City Commission meeting. Chapter 15 of the Code of Ordinances entitled "Parks and Recreation Advisory Board" was originally adopted by Ordinance No. 908 on September 9, 1986. Since that time advisory boards have been adopted by resolution in order to revise the bylaws without amending the City Code, which entails a first and second reading, publishing an ad in the newspaper and amending the City Code with Municode. Staff finds that it is in the best interest of the City to establish a Parks and Recreation Advisory Board by resolution to allow for the revision of the Parks and Recreation Advisory Board bylaws, from time to time, without the need to amend the City Code by ordinance. Issue: Should Chapter 15 of the Code of Ordinances be repealed in order to reestablish the Parks and Recreation Advisory Board by adopting a resolution? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners consider repealing Chapter 15 of the Code of Ordinances in its entirety; and further, adopt a resolution to reestablish the Parks and Recreation Advisory Board. Attachments: Ordinance Resolution Financial Impact: None Type of Item: (please mark with an x') _y_ Public Hearing For Clerks Dept Use- _ Ordinance First Reading Consent Agenda - _ X Ordinance Second Reading ,Public Hearing Resolution _Regular Agenda, Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REPEALING CHAPTER 15 IN ITS ENTIRETY OF THE CODE OF ORINANCES OF THE CITY OF OCOEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee on September 9, 1986 established the Parks and Recreation Advisory Board by ordinance, for the general purpose of advising the Mayor, the City Commission, the City Manager and the Parks and Recreation Director on issues pertaining to the City's parks, recreational facilities and programs; WHEREAS, the City Commission of the City of Ocoee, finds that it is in the best interest of the City to establish a Parks and Recreation Advisory Board by resolution to allow for the revision of the Parks and Recreation Advisory Board bylaws, from time to time, without the need to amend the City Code by ordinance; WHEREAS, the City Commission of the City of Ocoee desires to repeal in its entirety Chapter 15 of the Code of Ordinances in order to reestablish the Parks and Recreation Advisory Board by Resolution. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Repeal. The City Commission of the City of Ocoee, hereby repeals, in its entirety, Chapter 15 of the Code of Ordinances of the City of Ocoee. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FOUR. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2021. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt,MMC, City Clerk Rusty Johnson,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED , 2021 THE CITY OF OCOEE, FLORIDA; READ FIRST TIME ,2021 APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED LEGALITY ,2021 this day of , 2021. UNDER AGENDA ITEM NO. SHUFFIELD,LOWMAN & WILSON By: City Attorney RESOLUTION NO. 2021- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, TO REESTABLISH THE PARKS AND RECREATION ADVISORY BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee first established a Parks and Recreation Advisory Board by ordinance on September 9, 1986, creating Chapter 15 of the City Code; WHEREAS, the City Commission of the City of Ocoee has repealed Chapter 15 of the City Code in its entirety; WHEREAS, The City Commission of the City of Ocoee desires to reestablish and create the Parks and Recreation Advisory Board by and through this Resolution for the general purpose of advising the Mayor, the City Commission, the City Manager and the Parks and Recreation Director on issues pertaining to the City's parks, recreational facilities and program; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,FLORIDA,AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Parks and Recreation Advisory Board. The City Commission of the City of Ocoee hereby creates the Parks and Recreation Advisory Board of the City of Ocoee for the general purpose of advising the Mayor, the City Commission, the City Manager and the Parks and Recreation Director on issues pertaining to the City's parks, recreational facilities and program. 1 SECTION THREE. Bylaws. The City Commission of the City of Ocoee, Florida, hereby adopts the bylaws contained in Exhibit "A", attached hereto and by this reference made a part hereof. Nothing contained in this Resolution shall affect the terms or membership of members serving at the time of adoption of this Resolution. SECTION FOUR. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION FIVE. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2021. Attest: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) READ FIRST TIME AND ADOPTED , 2021,UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2021. Shuffield Lowman and Wilson By: City Attorney EXHIBIT A PARKS AND RECREATION ADVISORY BOARD (PRAB BYLAWS) ARTICLE 1 (Name of Organization) The official name of this organization shall be the Parks and Recreation Advisory Board (PRAB). ARTICLE 2 (Purpose and Objectives) 1. Purpose. The general purpose of the Parks and Recreation Advisory Board (PRAB) for the City of Ocoee shall be to advise the Mayor, the City Commission, the City Manager and the Parks and Recreation Director on issues pertaining to the City's parks, recreational facilities and programs. 2. Objectives. The objectives of the PRAB are: a. To improve communication between the citizens of the City of Ocoee, the City Commission and the Parks and Recreation Department. b. To advise and provide input to the City Commission and the Parks and Recreation Department on the values, goals and objectives of the City's parks, recreational facilities, programs and services. c. To encourage community interest and citizen involvement in the City's parks, recreational facilities, programs and services. d. To contribute to continuous feedback and make recommendations to both the City Commission and the Parks and Recreation Department for overall quality of programs and services. RESOLUTION NO e. To explore various sources of grant funds that may be available for recreational programs and/or facilities and assist in development of an application for such funds. ARTICLE 3 (Membership) 1. Number of Members. The PRAB shall consist of no less than three (3) and no more than nine (9) members. 2. Qualifications for Membership. Only those persons who are legal residents of the City of Ocoee, or who are members of a City sporting organization that utilize the Ocoee parks, shall be eligible for membership. The maximum number of non-residents on the Board at any time may not exceed three (3) persons, and no non-resident may be appointed to fill the final vacant seat. The City Commission reserves the right to waive the foregoing membership qualifications when the City Commission deems it appropriate 3. Manner of Selection of Members. Those persons having been appointed by the City Commission to serve on the PRAB and who at the time of the adoption of these Bylaws are serving on the PRAB shall be members of the PRAB until such time as their appointed teiiii shall expire. Thereafter, members shall be appointed to the PRAB by majority vote of the City Commission of the City of Ocoee, Florida. Nominations to the PRAB may be forwarded to the City Commission by the PRAB, the Parks and Recreation Director, the Mayor, and any City Commissioner. 4. Term of Appointment. Members shall be appointed for a term of three (3) years and may be reappointed, irrespective of the number of terms previously served. 2 5. Termination of Membership. A member may have his or her membership revoked for cause by the affirmative vote of a simple majority of the members present at any duly called meeting of the PRAB at which a quorum is present. Cause shall include, but not necessarily be limited to, a member's failure to attend three consecutive meetings or failure to properly discharge his or her responsibility and duties as a member of the PRAB. A member shall automatically have his or her membership revoked should such member cease to be qualified for membership pursuant to these Bylaws. A notice of termination shall be promptly sent by the PRAB recording clerk to any member whose membership is terminated. 6. Privileges and Limitations of Membership. The membership of the PRAB shall be subject to the following privileges and limitations: a. The PRAB is not empowered to establish policy or investigate charges or operational problems of the Parks and Recreational Department. However, these areas may be topics of discussion between the PRAB, the City Commission and the Parks and Recreational Department. b. Responsibility for initiating discussion with citizens, the City Commission and/or the Parks and Recreational Department shall rest primarily with the PRAB. However, this does not preclude the City Commission and/or City staff from initiating discussion with citizens and/or the PRAB. c. The PRAB shall not be used as a vehicle to influence the City Commission in budget or personnel matters relating to the Parks and Recreational Department. d. Coordination with the PRAB shall be the responsibility of the Parks and Recreation Director or any other staff member designated by the Director of the Parks and Recreation Department. The Parks and Recreation Department shall 3 maintain complete and current files on the composition of the PRAB, its meetings and its activities. ARTICLE 4 (Officers) The officers of the PRAB shall be a Chair and a Vice-Chair. The Chair and the Vice- Chair shall be elected by a majority vote at the first ,meeting of the year from the PRAB membership, and they shall assume office at the close of the meeting at which they are elected. A recording clerk shall be provided by the City of Ocoee. Officers shall each serve for a term of one year or until their successors are elected. Officers shall not be limited in the number of terms they serve. Vacancies which occur among the officers of the PRAB may be filled by the PRAB at its next regular meeting. ARTICLE 5 (Duties of Officers) 1. Duties of the Chair. The Chair shall preside at all meetings of the PRAB and shall hold ex officio membership on all subcommittees. The Chair shall perform all other duties ordinarily pertaining to the office and shall appoint all subcommittees whose composition or method of selection is not provided for elsewhere in these Bylaws. 2. Duties of the Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. ARTICLE 6 (Subcommittees) The PRAB may create such subcommittees as may be required to attain its objectives as set forth in Article 2. Subcommittee Chairpersons shall be selected by the members of each subcommittee and shall be subject to confirmation at the next regular meeting of the PRAB. 4 Members of subcommittees need not hold membership in the PRAB, however, any person serving as a Subcommittee Chairperson must be a PRAB member. ARTICLE 7 (Meetings) 1. Regular Meetings. Regularly scheduled meetings shall be held throughout the year. The - frequency and specific calendar shall be determined by consensus at the first meeting of the year and shall include a first meeting date for the following calendar year. Notification of all regular meetings shall be provided to all members within a reasonable time prior to the meeting. Notice of the date, place and time of all PRAB meetings shall be provided to the public within a reasonable time prior to such meeting. Except as otherwise provided by Chapter 286, Florida Statutes, all meetings shall be open to the general public. 2. Special Meetings. Special meetings may be called by the Chair or the Vice-Chair or by a majority of the PRAB members. Notification of all special meetings shall be posted not less than 48 hours prior to said meeting. Special meetings shall be conducted in the same manner as a regular meeting, but shall be limited to the conduct of business specifically set forth in the notice. ARTICLE 8 (Quorum and Voting) 1. Quorum. For the purpose of conducting the regular business of the organization, a majority (50% plus one) of the total of all currently duly qualified members shall constitute a quorum. 2. Voting. Voting shall be done by voice vote or by show of hands at the discretion of the Chair. Votes may only be taken at a properly noticed meeting at which a quorum is present. Unless otherwise provided in these Bylaws, the passage of any item shall require a simple 5 majority vote of those in attendance. Each duly qualified member in attendance, including officers, shall be entitled to one vote. Voting by proxy, absentee ballot or by telephone shall not be permitted. ARTICLE 9 (Parliamentary Authority) The parliamentary procedural rules found in the current edition of Robert's Rules of Order shall govern PRAB meetings and actions in all cases where they are not in conflict with these Bylaws. 6 COPY OF ADVERTISEMENT Date Published and Media Name ThursdaV,September 212021 West Orange Times 36 Advertisement or Article FIRST INSERTION . CITY OF OCOEE PUBLIC HEARING .A Public Hearing before the Oioee City Commission will be held Tuesday,Octo- ber 5,202;'at 6:15 p.m.or as soon thereafter as may be beard,in the Commission Chambers Of City Hall at 150 North Lakeshore Drive,Ocoee,Florida,to consider the following: • AN ORDINANCE OF i•HE CITY OF OCOEE,FLORIDA,REPEAL- DIG CHAPTER 15 IN ITS ENTIRETY OF THECODE OF ORINANC- ES OF THE CITY OF OCOEE;PROVIDING FOR s,gvEiamurrt PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFEC- • TIVE DATE. ' • City Hall is open to the public.The Ocoee City Commission may continue the public hearing to other dates and times,as it deems necessary.If a person decides to appeal any decision-made birtlie City Commission with respect tO any matter considered at such hearing,they will need a record of the proceedings,'andfor such PurPose they may need to ensure that a verbatim record Of the proceeclings is tomb.,which record includes the testimony and evidence upon Which the appeal is to be based. In accordance with the Americans-with.Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Cleric's office at 407-305,3105 at least two days prior to the date of hearing. September 23,2021 21-03543W •