Ordinance 19-2011 Landmarks Preservation ORDINANCE NO. 19 -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 54 HISTORICAL PRESERVATION, ARTICLE II
LANDMARKS PRESERVATION COMMISSION, SECTION
54 -38 RELATING TO REMOVAL PROVISIONS,
ABSENCES, CONFLICTS OF INTEREST,
SUBPARAGRAPH (a); AMENDING SECTION 54 -39
RELATING TO OFFICERS, RULES OF PROCEDURE FOR
COMMISSION, TO ELIMINATE THE POSITION OF
SECRETARY; 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; subparagraph (a), 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 (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 article."
Section 2. 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 -39, to read as follows:
"Sec. 54 ®39. Officers, rules of procedure for commission.
The commission shall elect a chair and a vice -chair and may adopt
rules for the conduct of its meetings. Four voting members of the
commission shall constitute a quorum; however, the affirmative or
negative vote of a majority of the entire membership of the commission
shall be necessary for it to take action. In cases of emergency, if a
quorum cannot be obtained, the chair, or vice -chair in his absence, and
one other member of the commission may act to prevent an imminent or
irreparable violation of the provision of this chapter."
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Section 3. Severability.
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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.
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Section 4. Repeal of Ordinances in Conflict.
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All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part o this Ordinance are hereby repealed.
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Section 5. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 6. Effective; Gate.
This Ordinance shall take effect imn iodiately upon its passage and approval, as
provided by law.
Ordinance No. 19 -11 Page 2 of 3
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.
0'4�
ail L. ConigIio, M 00 David A. osow, Town Council President
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rt` i dri ouncil President Pro Tern
Willia J. Diamond, To ounce r e
.ATE�T Pich� d M. Kleid, Town Council Member
Susan A. Owens, Town Clerk Micha I J. Pucil o, own Council Member
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Ordinance No. 19 -11 Page 3 of 3