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Home My WebLink AboutO-91-26ORDIN~CE NO..' 0-91-26 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 BOARD OF ADJUSTMENT~ AMENDING SUBSECTION A OF SECTION 20A-11.2 OF THE L~ND DEVELOPMENT CODE PERTAINING TO THE ESTABLISHMENT, COMPOSITION AND TERMS OF MEMBERS OF THE BOARD OF ADJUSTMENT~ PROVIDING FOR A PROCEDURE FOR FILLING VACANCIES AND MAKING REAPPOINTMENTS~ AMENDING SECTION 20A-11.2.C.3.a OF THE LAND DEVELOPMENT CODE PERTAINING TO REQUIREMENTS FOR INDIVIDUALS SERVING AS CHAIRPERSON OR VICE CHAIRPERSON OF THE SEBASTIAN BOARD OF ADJUSTMENT~ 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. NOWt THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-11.2.A of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing Section 20A-11.2.A in its entirety and adding the following new provisions in lieu thereof to read as follows: "A. Establishment, Composition and Terms. The board of adjustment is hereby established and shall consist of five (5) members and two (2) alternates who shall be residents of the City and shall serve without compensation. For all appointments occurring after September 30, 1991, the City Council shall appoint the regular members to the board of adjustment as follows: (2) (3) (4) (5) One (1) members shall be appointed for a term of one (1) year. Two (2) 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 board of adjustment 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 board of adjustment unless no other individual, who is otherwise legally qualified to serve as a regular member of the board of adjustment, has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of the board of adjustment. - 2 - 1. Continuation of present board members. The present members of the board of adjustment shall continue in office until their respective terms expire and their successors are appointed in the manner provided by law. 2. 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 board of adjustment may attend all meetings of the board of adjustment but shall act only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the board of adjustment 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 board of adjustment 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 board of adjustment. 3. Vacancies and Reappointments. Any member may be reappointed, subject to the limitations set forth in Subsection A of this Section 20A-11.2, above. Appointments to fill any vacancy, - 3 - shall be for the remainder of the unexpired term of office of the vacated board of adjustment 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 Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the board of adjustment, even if the incumbent board of adjustment member intends to seek reappointment. Whenever a current or former board of adjustment member is being considered for appointment or reappointment to the board of adjustment, 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." Section 2. Section 20A-11.2.C.3.a. of the Land Development Code of the City of Sebastian is hereby amended by deleting the existing 20A-11.2.C.3.a. in its entirety and adding the following new provisions in lieu thereof to read as follows: "a. officers. The board shall elect a chairperson and a vice chairperson from among its members. Whenever possible, the individual selected as the chairperson or vice chairperson of the board of adjustment shall have served two years as a regular member of the board of the adjustment and shall have attended at least ninety percent (90%) of the meetings of the board of adjustment which such member was not otherwise excused from attending by the individual serving as the Chairperson of the board of adjustment - 4 - at such meetings. The City Clerk shall select an individual to serve as secretary for the board of adjustment and to take minutes of the meetings of the board of adjustment and to perform such other duties as appropriate. The chairperson, or in his/her absence the vice chairperson may administer oaths and compel the attendance of witnesses." Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 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 5. 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 - 5 ~ ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman ~./~,. . The motion was seconded by Councilman v '{.. ~A. and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~J~ day of .._~L~]E~,.~ ~~ , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: ~. E. Conyer~ Mayor / / Kaehryg/MC o'H~l°~an, CMC/AAE City CIerk - 6 - 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 pqblic hea~ng was held on this Ordinance at 7:00 p.m. on the (j~.5~-day of ~J~.~,~n.~ , 1991, and that following said public hearing this Ordinance was passed by the City Council. ,,~"-"~~ . ~/~ . _, City Cl~rk Approv/~ to Form and Content: Charles Ian Nash, City Attorney - 7 -