Ordinance 02-2018 Boards & CommissionsORDINANCE NO. 2-2018
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
SECTION 6-236, SHORE PROTECTION BOARD
CREATED; APPOINTMENTS; TERMS; QUALIFICATIONS;
ADVISORY FUNCTION; REQUIREMENTS; OFFICERS;
PROCEDURE; (A) GENERALLY ELIMINATING THE
OPTION FOR ONE OF THE MEMBERS TO BE A
NONRESIDENT OF THE TOWN HAVING A SPECIAL
SKILL AS IT RELATES TO SHORE PROTECTION.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 2, Article X, of the Town's Code of Ordinances is hereby
amended at Section 2-626,
"Sec. 3.01. — Shore protection board created; appointments; terms;
qualifications; advisory function; requirements; officers;
procedure.
(a) Generally. A board of the town to be known as the "Shore
Protection Board" is hereby created; such board to be composed of seven
members to be appointed by the town council. Two of such board
members shall hold office from the date of their appointment for a period
of one year; two of such board members shall hold office from the date of
their appointment for a period of two years and three of such board
members shall hold office from the date of their appointment for a period
of three years. Thereafter, members of the shore protection board shall
hold office for three year terms. Any member who has served two full
three year terms shall no longer be eligible for reappointment, however, a
member may be reappointed by town council upon the expiration of one
full year subsequent to their terms having expired. This provision shall not
be applicable to those members subject to reappointment in 2017 who,
upon reappointment, may serve one additional three year term. Members
of the board shall be residents of the town. If a vacancy shall occur other
than by the expiration of a term, it may be filled by the town council for the
unexpired term.
(b) Alternate members. The town council shall appoint three alternate
members to the shore protection board who shall serve when called upon
by the chair of the board in the absence of any regular member. Alternate
members are required to attend all meetings of the board and are subject
to the same attendance requirements as regular members with the same
provisions relating to excused absences being applicable. Alternate
members shall not vote on any matter unless they are sitting to fill the
position of a regular member of the commission who is absent or in the
event of a conflict of interest; however, alternate members may participate
in the discussion of matters coming before the board whether they are
sitting as voting members or not. Alternate members of the board shall be
residents of the town.
(c) Removal provisions. All members of the shore protection board
serve at the pleasure of the town council and may be removed from the
board with or without cause. Members of the board shall be automatically
removed for lack of attendance. Lack of attendance shall be defined as a
failure to attend three regularly scheduled meetings in any one calendar
year. Excused absence 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 town manager's 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
unexecuted. Excused absences shall be entered into the minutes of the
next regularly scheduled meeting of the board 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 Code.
(d) Frequency of meetings. The board shall meet on an irregular
schedule, whenever such meetings shall be called either at the discretion
of the chairman or at the direction of the town council.
(e) Officers, rules of procedure. The shore protection board shall elect
a chairman and a vice chairman and may adopt procedures for the
conduct of its meetings. Four voting members of the board shall
constitute a quorum, however, the affirmative or negative vote of a
majority of the entire membership of the board shall be necessary for it to
take action.
(f) Advisory capacity. The shore protection board shall act in an
advisory capacity to the town council and shall make recommendations to
the town council on all matters relating to shore protection in the town
including, but not limited to, issues relating to beach nourishment, coastal
armoring, the sand transfer plant and matters relating to the town's Lake
Worth Lagoon shoreline. In addressing these matters, the scope of the
Ordinance No. 02-2018 Page 2 of 4
shore protection board's duties shall include long term
planning, budgeting, lobbying, public education, and
intergovernmental coordination.
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 ore hereby repealed.
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.
Ordinance No. 02-2018 Page 3 of 4
PASSED AND ADOPTED in a regular, adjourned session of the Town Council
of the Town of Palm Beach on first reading this 13th day of February, 2018, and for
second and final reading on this 20th day of March, 2018.
r2lbit L. Conig io, Mayole H. Mor ,-)Town Council President
r nie
MargareVA. Zeidrro$, Council President Pro Tem
pTMEN r radInk
ATTEST: Lewis S. Cra
%
athleen Dominguez, Town CI Bobbie indsay, T
n, Town Cou ember
r ouncil Me ber
Ordinance No. 02-2018 Page 4 of 4