Ordinance 09-2013 Landmarks Preservation ORDINANCE NO. 9-2013
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 54, HISTORICAL PRESERVATION; ARTICLE II,
LANDMARKS PRESERVATION; SECTION 54-38,
REMOVAL PROVISIONS, TO DEFINE EXCESSIVE
CONFLICTS OF INTEREST AS FIVE OR MORE
CONFLICTS OF INTEREST IN ANY ONE CALENDAR
YEAR; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 54 Historical Preservation; Article II, Landmarks Preservation
Commission; Section 54-38, to read as follows:
"Sec. 54-38. Removal provisions; absences; conflicts of interest.
(a) All members of the commission, including alternates, serve
at the pleasure of the town council and may be removed from the
commission with or without cause. Members of the commission shall be
automatically removed for lack of attendance, which is defined as failure to
attend three regularly scheduled meetings in any one calendar year.
Excused absences due to illness, a death in the family, religious holidays
and requirements of legal process shall not constitute lack of attendance.
The member shall notify the director of planning, building and zoning office
in writing of the board member's intended absence at least seven
business days prior to the regularly scheduled meeting. Failure to do so,
absent an emergency which prevents timely notice, will cause the
absence to be unexcused. Excused absences shall be entered into the
minutes at the next regularly scheduled meeting of the commission after
the absence. A member may petition the town council, in the event of
extenuating circumstances, to excuse an absence otherwise not
automatically excused pursuant to the provisions of this article.
(b) In the event of excessive conflicts of interest during any one
calendar year, the commission member shall be automatically removed
from the commission by the town council or, in the event of excessive
conflicts of interest during any one term, a commission member may not
be reappointed to a successive term. Excessive conflicts of interest are
defined as five or more conflicts of interest in any one calendar year.
Continuing conflicts of interest on a single application, once declared, shall
not be counted as additional conflicts of interest. This rule shall apply
from the date of adoption to the end of the 2013 calendar year and shall
be applicable, thereafter, on a calendar year basis.
(c) If a member of the commission has a conflict of interest
resulting from that member or the member's firm representing an applicant
before the commission, it shall be the duty and obligation of the member
having the conflict to comply with the following requirements:
(1) Notification of the conflict of interest shall be noted on the
application form at the time of the submission of the
application. The conflict will be identified on the commission
agenda.
(2) The member having the conflict of interest shall not
participate in the discussion and shall leave the chamber
until the item is concluded.
(3) The member having the conflict shall not present the project
to the commission, except in a case where the commission
member is a sole practitioner who is unable to represent a
client through an associate."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Ordinance No. 9-2013 Page 2 of 3
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 11th day of June 2013, and for second and
final reading on this 9th day of July 2013.
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. Conigli., Mayor / D_avid_A_- • ow, Town Council President
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fo - N Wi *rick, Pre: den Pro Tem
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William J. Drmonv, own Council Member
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ATTEST: Rich d M. eid, Town Council Member
Atan A.TowellirNMC, Town Clerk Micha I J. Pucif1b own Council Member
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