Ordinance 16-2011 Administration ORDINANCE NO. 16 -2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 2 ADMINISTRATION, ARTICLE IV BOARDS
AND COMMISSIONS, DIVISION 2 PLANNING AND
ZONING COMMISSION, SECTION 2 -328 RELATING TO
REMOVAL PROVISIONS, ABSENCES, CONFLICTS OF
INTEREST AT SUBPARAGRAPH (a); AMENDING
ARTICLE V CODE ENFORCEMENT, DIVISION 2 CODE
ENFORCEMENT BOARD, SECTION 2 -402 RELATING TO
TERMS, REMOVAL PROVISIONS, ABSENCES,
CONFLICTS OF INTEREST AT SUBPARAGRAPH (b);
AMENDING ARTICLE VI FINANCE, DIVISION 6
INVESTMENT ADVISORY COMMITTEE, SECTION 2 -567
SUBPARAGRAPH (b) RELATING TO REMOVAL
PROVISIONS, ABSENCES; AMENDING ARTICLE X
SHORE PROTECTION BOARD, SECTION 2 -636
SUBPARAGRAPH (b) RELATING TO REMOVAL
PROVISIONS; 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 2, Administration; Article IV, Boards and Commissions; Division 2,
Planning and Zoning Commission; Section 2 -328; subparagraph (a), to read as
follows:
Sec. 2 -328. Removal provisions; absences; conflicts of interest.
"(a) All members of the planning and zoning 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. Lack of
attendance 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 (7) 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 section."
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 2, Administration; Article V, Code Enforcement; Division 2, Code
Enforcement Board; Section 2 -402; subparagraph (b), to as follows:
Sec. 2 ®402. Terms; removal provisions; absences;
conflicts of interest.
"(b) All members of the code enforcement board, including
alternates, 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 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 office of the Chief of �
Police in writing of the board member's intended absence at least seven
(7) 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 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 section."
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 2, Administration; Article Vl, Finance; Division 6, Investment
Advisory Committee; Section 2 -567; subparagraph (b), to as follows:
Sec. 2 ®567. Investment advisory committee created; appointments;
terms; qualifications; advisory function; requirements;
officers; procedure.
Ordinance No. 16 -11 Page 2 of 5
"(b) Removal provisions; absences. All members of the
investment advisory committee serve at the pleasure of the town council
and may be removed from the committee with or without cause. Members
of the committee shall be automatically removed for lack of attendance.
Lack of attendance shall be defined as a failure to attend two scheduled
meetings in any twelve month period. 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
finance director in writing of the board member's intended absence at least
seven (7) 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 of the next regularly scheduled meeting of the committee after
the absence. A member may petition the town council, in the event of
extenuating circumstarces, to excuse an absence otherwise not j
automatically excused pursuant to the provisions of this section."
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 2, Administration; Article X, Shore Protection Board; Section 2-
636; subparagraph (b), to as follows:
Sec. 2 -636. Shore protectoon board created; appointments; terms;
qualifications; advisory function; requirements; officers; j
procedure.
"(b) 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 arcs ; equirernants of legal process shall not constitute
lack of attendance. The mc shall notify the town manager's office in
writing of the board member's intended absence at least seven (7)
business days prior to the regularly scheduled meeting. Failure to do so, j
absent an emergency which prevents timely notice, will cause the
absence to be unexcused. 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."
Ordinance No. 16 -11 Page 3 of 5
Section 5. 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 6. Repeal of Ordinances in Conflict.
All other ordinances of the hown of Palrn Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed. j
Section 7. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Falnn Beach. j
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Section 8. Effective Gate.
This Ordinance shall taKe effect imi upon its passage and approval, as
provided by law.
Ordinance No. 16 -11 Page 4 of 5
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PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 9 day of August, 2011, and for second
and final reading on this 13 day of September, 2011.
LOW
it L. Coniglio, Ma David A. Rosow, Town Council President
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Ro er ildr' ouncil Pre ' t Pro Tem
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William J. Dia ond, Town uncil Member
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'AT E Rich d M. Kleid, Town Council Member
Susan A. Owens, Town Clerk icha I J. Pucill own Council Member
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Ordinance No. 16 -11 Page 5 of 5