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HomeMy WebLinkAboutO-91-25ORDINA.NCE NO..* 0-91-25 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE XI OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING TO THE SEBASTIAN PLANNING AND ZONING COMMISSION~ AMENDING SUBSECTION A OF SECTION 20A-11.3 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AMD TERMS OF MEMBERS OF THE PLANNING AND ZONING COMMISSION~ PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS~ PROVIDING REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN CITY PLANNING AND ZONING COMMISSION~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of Sebastian has determined that it is in the best interests of the City and its citizens that new residents be provided with the opportunity to serve on City boards, commissions and committees; and WHEREAS, the City Council of the City of Sebastian has determined that the persons serving as the chairperson or vice chairperson of a City board, commission or committee should have some experience as a regular member of that board, commission or committee and attend almost all of the meetings to serve as an example to the other members, thereby, encouraging exemplary attendance by the other members; and WHEREAS, the Florida Legislature, during their 1991 Legislative Session, revised the provisions of Section 112.3143 of Florida Statutes to add a specific factor to be examined by the City Council when considering a person for appointment or reappointment to a city board, commission or committee. NOW, THEREFORE, BE ~T ORDaiNED BY THE CITY COUNCIL OF THE C~TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-11.3.A of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing Section 20A-11.3.A in its entirety and adding the following new provisions in lieu thereof to read as follows: "A. Establishment, Composition and Terms. The planning and zoning commission is hereby established and shall consist of seven (7) members and two (2) alternates who shall be residents of the City and shall serve without compensation. The City Council shall appoint the regular members to the planning and zoning commission as follows: (1) (2) (3) (4) (5) Two (2) members shall be appointed for a term of one (1) year. Three (3) members shall be appointed for a term of two (2) years. Two (2) members shall be appointed for a term of three (3) years. Thereafter all appointments shall be made for a term of three (3) years. In no event shall any individual who has served as a regular member of the planning and zoning commission for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the planning and zoning commission unless no other individual, who is otherwise legally qualified to serve as a regular member of the planning and zoning commission, has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of the planning and zoning commission." - 2 - 1. Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the planning and zoning commission may attend all meetings of the planning and zoning commission but shall act only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an excuse approved by the chairperson of the planning and zoning commission and noted in the minutes, shall be deemed cause for removal of the member by the city council. Each alternate member shall fill in for a regular member who is absent, disabled or disqualified on a rotating basis with the most senior alternate member to be the first in the initial rotation. If more than one regular member is absent, disabled or disqualified, then both alternate members shall act as members of the planning and zoning commission. 2. Vacancies and Re&ppointments. Any member may be reappointed, subject to the limitations set forth in Subsection A of this Section 20A-11.3, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the City -- 3 -- Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the planning and zoning commission, even if the incumbent planning and zoning commission member intends to seek reappointment. Whenever a current or former planning and zoning commission member is being considered for appointment or reappointment to the planning and zoning commission, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes. 3. Selectlon of Chairperson and vice chairperson. Whenever possible, the person selected as the Chairperson and Vice Chairperson of the planning and zoning commission shall have served two (2) years as a regular member of the planning and zoning commission and shall have attended at least ninety percent (90%) of the meetings of the planning and zoning commission which such member was not otherwise excused from attending by the individual serving as the Chairperson of the planning and zoning commission at such meetings." Section 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of - 4 - the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the city Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman Councilman the vote was as follows: The motion was seconded by and, upon being put to a vote, Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid - 5 - The Mayor thereupon d~lared this Ordinance duly passed and adopted this ~'day of ~-~l~'~- 1991. ! ATTEST: CITY OF SEBASTIAN, FLORIDA W.~ E. Conye~~or Kathr~ M. O~Halloran, CMC/AAE city ~lerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one ~Dublic hearing wa~ held on this Ordinance at 7:00 p.m. o~ the~?~day of ~~-~ , 1991, and that following said public hear~ this OrdihanCe was p~ssed by the city Council. Kathry~ ~. O'~r~l~6r~n, CMC/AAE city Clerk Approved~ Form and Content: ~harle~ia~Nash, ~'ity Attorhey - 6 -