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Longwood City Zoning Code

ARTICLE VIII

- BOARDS AND AGENCIES3


Footnotes:
--- (3) ---

Cross reference— Boards, commissions, committees, § 2-311 et seq.


8.1.0. - Appointment to board vacancies.

A.

The city does hereby adopt uniform procedures for the land planning agency, the board of adjustment, and the historic preservation board.

B.

At large nominations will be rotated among commissioners commencing with District No. 1.

C.

No limitations on number of terms. There shall not be any limitation on the number of terms that a board member may serve. All appointments and reappointments shall be subject to the nomination for appointment or reappointment by the commissioner in the district of the appointment and approval by a majority of the commission.

D.

Boards vacancies. The city clerk will maintain a master list of all board positions and the expiration dates of present members. The city clerk will notify commissioners 60 days prior to the expiration of terms of office with a board information sheet listing present members, expiration of terms, whether members desire reappointment, meeting schedule and duties of positions. If possible, city commissioners will provide information to the city clerk regarding the names and qualifications of the individuals they intend to nominate for appointment and reappointment as soon as possible prior to the expiration of the terms of office. The city clerk will provide this information to members of the commission immediately upon receipt and list the proposed nominations on the agenda prior to the regular meeting.

E.

Board vacancies may be advertised on water bills, posters, bulletin board, newspaper advertisements, and the city newsletter. The city clerk will maintain a file of board applications and distribute a copy to each commissioner upon request. All applications shall disclose that board members must comply with F.S. § 112.3145, the Financial Disclosure Law.

F.

District appointments. Where possible, commissioners should nominate individuals to fill district vacancies from applicants who live within their districts and who have expressed an interest in serving on a particular board. It is the intent of the commission that the most qualified applicants be appointed. To further the intent of the commission to nominate the most qualified applicants, commissioners may select individuals from other districts; no restriction shall be placed on the number of individuals from other districts; no restriction shall be placed on the number of individuals serving on a board from any one district.

G.

All appointments to boards shall be listed on the agenda, and the commissioner making the nomination shall provide names and qualifications of the individual to be included in the city commission agenda packets. All appointments will be for a complete term of office except that any appointment to an unexpired term of office shall be for the unexpired term of the office, unless there is less than three months left in the unexpired term in which case the appointment shall be for the unexpired term plus a full term.

H.

The following situations are prohibited:

1)

A member serving on more than one board.

2)

An employee of the city serving on any board.

3)

A second family member serving on the same board where another family member is presently serving.

I.

Family member is defined herein as follows: husband, wife, ward of employee, son, daughter, stepchildren, father, mother, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, stepfather, stepmother, grandchildren, aunt, and/or uncle.

(Ord. No. 04-1683, § 1, 5-17-2004)

8.2.0. - Codes of conduct for board members.

Board members shall have a clear understanding of the board's purpose and a willingness to work together to achieve that purpose which implies a desire for strong, positive relationships between board members and staff and the citizenry. Good relationships are built upon mutual respect, an understanding of each other's responsibilities and allowing each to perform assigned responsibilities.

A.

Board—Staff responsibilities.

1)

Arrive on time to begin meetings as scheduled.

2)

Notify staff, at the earliest opportunity, of anticipated absence from a meeting.

3)

Know and practice parliamentary procedure.

4)

Review background information before meeting, including agenda and previous minutes.

5)

Extend courtesy to each other as well as to all persons appearing before the board.

6)

Develop communications that are open and responsive to questions and concerns which arise.

Commitment, cooperation, communication and courtesy are the key elements to successful relationships.

B.

Order and decorum—Board members.

1)

The members shall maintain and preserve order and decorum.

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 to obey the order of the board or its chair or presiding officer.

3)

Board members, individually or collectively, shall not give direction to city staff members without the consent of the city manager.

4)

The members shall not be confrontational with other members, the staff, or persons in attendance.

5)

The members shall not make impertinent, insulting, derogatory, disrespectful or slanderous remarks or become boisterous while addressing other board members, members of staff or persons in attendance.

6)

The members shall not use vulgar, profane, loud or boisterous language when addressing other board members, staff or persons in attendance.

7)

The foregoing code of conduct shall apply not only during meetings but also prior to and subsequent to meetings, while on city property.

8)

All board members shall refrain from any abusive or disrespectful conduct toward fellow board members, staff, officers of the city and members of the public at all times.

9)

All board members (except codes enforcement which has its own attorney) shall accept the legal opinion of the city attorney on matters that come before the board.

Any board member who violates any provision of [sub]section B., shall be guilty of misfeasance and/or malfeasance and will be subject to sanctions pursuant to F.S. § 112.501, Municipal Board Members; Suspension; Removal.

C.

Audience—Decorum and order. Members of the public attending board meetings shall observe the same rules of order and decorum applicable to the board members.

(Ord. No. 04-1683, § 1, 5-17-2004)

8.3.0. - Rules and procedures for boards.

A.

All board meetings shall be held in the city commission chambers located in city hall. In the event this facility is not available, a notice of such change shall be sent to all members and shall be prominently posted on the door of the regular meeting place.

B.

All board meetings shall be called to order no earlier than 6:00 p.m. All meetings are open to the public and will conform to the requirements of the pertinent state statutes and city Code requirements.

C.

The recording secretary shall be responsible for providing the proper 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 elect, from among its members, a chair and a vice-chair. A candidate receiving a majority vote shall be declared elected and shall serve a term of one year or until a successor shall take office.

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 board members, may call other meetings as may be necessary. All meetings must be properly noticed and scheduled through the recording secretary.

H.

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 not speak until recognized by the chair.

I.

The board may request the presence of other city staff at any of its regular or special meetings through the assigned city staff member for that board with the consent of the city manager.

J.

The recording secretary shall prepare the agenda of business for all scheduled meetings. The order of the agenda shall be determined by the order in which it was received. Anyone desiring to place a matter on the agenda shall notify the recording secretary of such item 15 days in advance of the meeting.

K.

The recording secretary shall be responsible for maintaining the official record and minutes of each meeting. The record shall include all the actions of the board with respect to motions and all other matters germane to having a permanent record.

L.

The recording secretary shall be responsible for making an electronic tape recording of each entire meeting which shall be maintained by the city clerk in conformance with applicable state public records law.

M.

Randi Sutphin's Parliamentary Procedure Basics for Governmental Bodies, as amended from time to time, shall govern parliamentary procedure in all board meetings/hearings.

N.

All actions of the board are subject to the requirements of F.S. ch. 286, the Sunshine Law. All records shall be open to the public in accordance with the provisions of F.S. ch. 119, as amended.

O.

Whenever a question is called every member shall vote, unless a conflict of interest has been declared by a member(s) and the proper forms have been executed. All proper forms must be filed with the recording secretary within 15 days after such vote in accordance with F.S. § 112.3143 and F.S. § 286.012, as amended. Any member declaring a conflict of interest must do so prior to discussion of the matter and may not participate in the discussion or voting on the matter.

P.

All voting shall be by voice vote and shall be recorded "aye" or "nay", or "yes" or "no", unless a member requests a roll call. When the recording secretary is directed to call the roll, no member is entitled to speak on the question, nor shall any motion be in order until such roll call is completed and the result is announced. In all cases where a vote is taken, the chair shall announce the results. Once a vote is taken and the chair announces the results, there shall be no further 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, or in the chair's absence, the vice chair, to receive his or her input as to the advisability of canceling the meeting and to see if there is any additional business which needs to be conducted at the meeting.

R.

Notification of the cancellation of a meeting due to the lack of a quorum will be made by the recording secretary by telephone, fax transmission, or emailed to the members of the board. A notice of cancellation shall be properly noticed and posted on the meeting door.

S.

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 sufficiency and content. The city commission shall approve all supplemental procedures prior to implementation.

T.

Any member who fails to attend three meetings of a board in a 12-month calendar year shall automatically forfeit his or her appointment and the city commission shall fill such vacancy as soon as possible.

U.

All members shall be required to file a financial disclosure in a manner that complies with financial disclosure as set forth in F.S. § 112.3145.

V.

All members of the board shall serve without compensation.

(Ord. No. 04-1683, § 1, 5-17-2004; Ord. No. 16-2088, § 1, 6-20-2016; Ord. No. 17-2129, § 1, 12-18-2017)

8.4.0. - Land planning agency.

8.4.1. Creation. The land planning agency (LPA) is created pursuant to Article VII, Section 7.01 of the City Charter.

8.4.2. Authority and responsibilities. The LPA shall have the general responsibility for recommendations regarding the city's growth management and land development regulation programs. Specifically, the LPA shall have such authority and responsibilities as granted or assigned to it by the City Charter, by F.S. ch. 163 specific provisions of the Development Code, or other applicable laws or regulations.

8.4.3. Composition. The LPA shall consist of five members, one from the nomination of each district commissioner and approved by the city commission.

8.4.4. Membership. All members of the board shall be among the qualified voters of the City of Longwood. Consideration shall be given to applicants with experience in land development and regulation (for example: architecture, engineering, landscape architecture, real estate, construction, surveying, city planning).

8.4.5. Terms. Each member shall be appointed for a term of three years.

8.4.6. Meetings. The LPA shall meet once per month, if needed, on the second Wednesday of the month.

8.4.7. Notice of special meetings. All meetings must be properly noticed and scheduled through the recording secretary. Notice of a special meeting and workshop sessions shall be scheduled as necessary, provided that members and applicants are provided a minimum of 14 days' notice.

8.4.8. Quorum. The presence of three or more members shall constitute a quorum of the LPA necessary to take action. A majority of the quorum may take action on a matter.

8.4.9. Public hearings. Public hearings meetings shall be called as required by applicable state statutes and/or city Code requirements.

8.4.10. Meeting agenda. All public hearings shall be heard first by the LPA. Quasi-judicial matters shall be identified on the agenda by the notation (QJD).

(Ord. No. 04-1683, § 1, 5-17-2004)

8.5.0. - Board of adjustment.

8.5.1. Creation. The board of adjustment (BOA) is created pursuant to Article VII, Section 7.02 of the City Charter.

8.5.2. Authority and responsibilities. The BOA shall have such authority and responsibilities as granted or assigned to it by the city Charter, by specific provisions of the Development Code, or other applicable laws or regulations.

8.5.3. Composition. The BOA shall consist of five members, one 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 applicants with experience in land development and regulation (for example: architecture, engineering, landscape architecture, real estate, construction, surveying, city planning).

8.5.5. Terms. Each member shall be appointed for a term of three years.

8.5.6. Meetings. The BOA shall meet once per month, if needed, on the fourth Wednesday of the month and the third (3rd) Wednesday of November and December.

8.5.7. Notice of special meetings. All meetings must be properly noticed and scheduled through the recording secretary. Notice of a special meeting and workshop sessions shall be scheduled as necessary, provided that members and applicants are provided a minimum of 14 days' notice.

8.5.8. Quorum. The presence of three or more members shall constitute a quorum of the BOA necessary to take action. A majority of the quorum may take action on a matter.

8.5.9. Public hearings. Public hearings meetings shall be called as required by applicable state statutes and/or city Code requirements.

8.5.10. Meeting agenda. All public hearings shall be heard first by the BOA. Quasi-judicial matters shall be identified on the agenda by the notation (QJD).

8.5.11. Majority vote. A majority vote of the entire membership is required to overturn an administrative decision, which has been appealed to the BOA.

(Ord. No. 04-1683, § 1, 5-17-2004)

8.6.0. - Reserved.

Editor's note— Ord. No. 06-1791, § 1, adopted April 17, 2006, repealed § 8.6.0, which pertained to the historic preservation board and was derived from Ord. No. 04-1683, § 1, adopted May 17, 2004.