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HomeMy WebLinkAboutItem #07 First Reading of Ordinance Repealing and Restating Chapter 15 ~~e c:~er of G~ LJI'~ ~ AGENDA ITEM COVER SHEET Meeting Date: April 7, 2009 Item # ~ Contact Name: Contact Number: Jeffrey Hayes 407 -905-3180 Reviewed By: Department Director: City Manager: Subject: Ordinance repealing and restating Chapter 15 of the City of Ocoee Code of Ordinances entitled, "Parks and Recreation Advisory Board." Background Summary: Over the previous year, the Park and Recreation Advisory Board frequently experienced difficulty in achieving a quorum of the membership to conduct the business of the Board, and therefore had to cancel several of their meetings. During a discussion of the City Commission, direction was given to staff to investigate the membership and quorum issues, and to restructure the membership of the Board to include wherever possible, members from the following organizations; Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizen Association. The Ordinance, No. 908, that created Chapter 15 of the Code of City Ordinances, entitled Park and Recreation Advisory Board was approved on September 2, 1986. Staff is recommending that the following changes or amendments are made to Chapter 15: 1. Remove S 15-2 Parks and Recreation Director; responsibilities', from the current chapter, as it should not fall under the Advisory Board. 2. Remove S 15-3 Parks concessions, from the current chapter, as it should not fall under the Advisory Board. 3. Amend the membership of the Advisory Board from 11 members appointed at-large to.2 members appointed at-large, by the City Commission. 4. Amend the membership of the Advisory Board for at-large appointments to provide for one member from each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League, Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens Association. 5. Include within the amended powers and duties; (~ 15-2 Powers and Duties of the Board) that: i. The Parks and Recreation Advisory Board may establish subcommittees to facilitate the work of the Board in specific subject areas. n. The Parks and Recreation Advisory Board shall serve as the Tree Board. 6. Include with the amended chapter; (~ 15-3 Attendance and Quorum) to read: i. Failure to attend at least two thirds of all regular and special meetings and/or failure to attend more than two regularly scheduled consecutive meetings without an authorized absence shall be ground for automatic removal from the Board. Additionally the chapter has been rewritten for clarity and to amend certain sections. Issue: Should the Mayor and Commission adopt the Ordinance revising Chapter 15 of the City of Ocoee Code of Ordinances entitled Parks and Recreation Advisory Board? Recommendations Staff recommends the Mayor and City Commission adopt the Ordinance revising Chapter 15 of the City of Ocoee Code of Ordinances entitled Parks and Recreation Advisory Board, Attachments: Ordinance with Exhibit "A", Revised Chapter 15; Parks and Recreation Advisory Board, Current copy of Chapter 15; Parks and Recreation Advisory Board, Financial Impact: There are no financial impacts to this action, Type of Item: (please mark with an "x') Public Hearing X Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's Deot Use: _ Consent Agenda Public Hearing Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 2 ORDINANCE NO. 2008-XXX AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING, RESTATING AND SUPERSEDING, IN ITS ENTIRETY, CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, ENTITLED PARKS AND RECREATION ADVISORY BOARD; PROVIDING FOR AMENDMENTS TO THE SECTIONS REGARDING MEMBERSHIP, ATTENDANCE AND QUORUM; PROVIDING FOR DELETION OF IRRELEVANT SECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. 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 Chapters 166 and 318, Florida Statutes. SECTION 2. Chapter 15. Chapter 15 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended, restated and superseded, in its entirety, to read as follows: See Exhibit A" attached hereto and by this reference made part hereof. SECTION 3. 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 re-lettered 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 re-lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City ORLA_ 422029,3 Manager, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. SECTION 4. 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 5. Effective Date. This Ordinance shall become effective on July 15, 2008. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ORLA_ 422029,3 -2- PASSED AND ADOPTED this ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 2008. FOLEY & LARDNER LLP By: City Attorney ORLA_ 422029,3 day of , 2008. APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2008 READ FIRST TIME , 2008 READ SECOND TIME AND ADOPTED , 2008 UNDER AGENDA ITEM NO. -3- EXHIBIT "A" CHAPTER 15 Chapter 15 PARKS AND RECREATION ADVISORY BOARD & 15-1. Creation; membership; terms; compensation & 15-2. Powers and duties & 15-3. Attendance and Quorum & 15-4, Vacancies & 15-5. Removal ~ 15-1. Creation; membership; terms; compensation. A. Creation; There is hereby created a Parks and Recreation Advisory Board, which will advise the Mayor, the City Commission and City Manager and the Parks and Recreation Director on issues pertaining to city's parks, recreational facilities and programs. B. Membership; The Parks and Recreation Advisory Board shall consist of 9 members appointed by the City Commission. Members shall be selected from the City at-large by the City Commission. The at-large appointments to the Board may include one member from each of the following organizations: Ocoee Little League, Ocoee Youth Soccer League (OYSL), Ocoee Bulldog Pop Warner Football, and West Orange Senior Citizens Association. Ex-Officio Members: The Parks and Recreation Director shall be an ex officio member of the Parks and Recreation Advisory Board, Additionally, a member of the City Commission shall serve as an ex officio member of the Parks Board and shall appointed by the City Commission. All ex officio members of the Parks and Recreation Advisory Board shall be nonvoting members C. Terms; Each member shall be appointed to serve equal terms of two years; provided the terms shall be staggered so that the terms of four members and the terms of the other five members shall expire in alternating years. D. Compensation; Board members shall serve without compensation ~ 15-2. Powers and Duties of the Board. The Parks and Recreation Advisory Board shall make recommendations on issues concerning the city's parks and recreation facilities, both on its own and as requested by the City Manager or the Parks and Recreation Director. The Parks and Recreation Advisory Board shall have no authority to contract or otherwise pledge or commit revenues of the city without prior City Commission approval. The Parks and Recreation Advisory Board shall elect a Chairperson and such other officers as shall be deemed necessary. The Parks and Recreation Advisory Board may establish subcommittees to facilitate the work of the Board in specific subject areas, The Parks and Recreation Advisory Board shall serve as the Tree Board. ORLA_ 422029,3 -4- ~ 15-3 Attendance and Quorum Attendance Failure to attend at lease two thirds of all regular and special meetings and/or failure to attend more than two regularly scheduled consecutive meetings without an authorized absence shall be grounds for automatic removal from the Board. Quorum A quorum of the Parks and Recreation Advisory Board shall consist of the majority (50% plus one) of the appointed board members, excluding any vacant position on the Board. ~ 15-4 Vacancies Vacancies occurring during the term shall be filled by the City Commission, and the appointee shall serve the remainder of the term. ~ 15-5 Removal The City Commission may, with or without the recommendation of the Parks and Recreation Advisory Board, remove any member of the Board for poor attendance, misconduct or neglect of duty. ORLA_ 422029,3 -5- c U R R E N T c o D E 4 Chapter 15 PARKS AND RECREATION ADVISORY BOARD ~ 15-1, Creation, ~ 15-2, Parks and Recreation Director: responsibilities, ~ 15-3, Parks concessions, ~ 15-4, Creation; membership; powers and duties; compensation,[HISTORY: Adopted by the City Commission of the City of Ocoee 9-2-1986 by Ord, No, 908, Section 15-48 amended at time of adoption of Code; see Ch, 1, General Provisions, Art, I. Other amendments noted where applicable,]GENERAL REFERENCESParks and recreation areas -- See Ch, 124. ~ 15-1. Creation. There is hereby created a Parks and Recreation Advisory Board, as follows. ~ 15-2. Parks and Recreation Director; responsibilities. A. The City Manager shall appoint a Parks and Recreation Director, whose tenure of office shall depend upon good conduct and efficiency and who shall be accountable to the City Manager. He/she must have a thorough knowledge of recreation programs and park maintenance and shall be qualified by training and experience to manage personnel. B. The Director shall be responsible for preparing annual budgets, submitting reports, supeNising all parks and recreation personnel, accounting for all parks and recreation property and any revenues derived therefrom, planning, scheduling and supervising all city recreational programs and otherwise managing the city's recreation activities. ~ 15-3. Parks concessions. The Parks and Recreation Director, with approval of the City Manager, the Mayor and City Commission shall authorize and regulate the operation of concessions in the city's various parks for the sale of nonalcoholic beverages and food, The Director shall establish fee schedules, shall collect and account for all revenues and shall closely supeNise all concession activities. The Director, in conjunction with the City Clerk, shall ascertain and require adequate insurance coverage before any concession operations. ~ 15-4. Creation; membership; powers and duties; compensation. A. There is hereby created a Parks and Recreation Advisory Board, which will advise the Mayor, the City Commission and City Manager and the Parks and Recreation Director on the operation of the city's parks, recreational facilities and programs, B. The Parks and Recreation Advisory Board shall consist of 13 members appointed by the City Commission, Each member shall be appointed to serve equal terms of two years; provided, however, that the terms of the appointees in 1998 and 1999 shall be staggered so that seven members will have terms expiring on October 1, 2000, and six members will have terms expiring on October 1, 2001, A quorum of the Parks and Recreation Advisory Board shall consist of the lesser of six members or 50% plus one of the appointed members, excluding any vacant position on the Board, Vacancies occurring during the term shall be filled by the City Commission, and the appointee shall seNe the remainder of the term. All members of the Parks and Recreation Advisory Board shall be residents of the city and shall seNe without compensation.[Amended 3- 17-1987 by Ord. No. 937; 9-1-1992 by Ord. No. 92-20; 3-16-1993 by Ord. No. 93-02; 11-17-1998 by Ord. No. 98-29] B.1, The Parks and Recreation Director shall be an ex officio member of the Parks and Recreation Advisory Board, Additionally, a member of the City Commission shall serve as an ex officio member of the Parks and Recreation Advisory Board, such member being appointed by the City Commission, All ex officio members of the Parks and . Recreation Advisory Board shall be nonvoting members.[Added 3-16-1993 by Ord. No. 93-02] C. The Parks and Recreation Advisory Board shall make recommendations on issues concerning the city's parks and recreation facilities, both on its own and as requested by the City Manager or the Parks and Recreation Director. D, The Parks and Recreation Advisory Board shall have no authority to contract or otherwise pledge or commit revenues of the city without prior City Commission approval. E. The Parks and Recreation Advisory Board shall elect a Chairperson and such other officers as shall be deemed advisable, Failure to attend more than two regularly scheduled consecutive meetings without an authorized absence shall be grounds for automatic removal from the Board.