05-047
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1 ORDINANCE NO. 05- (Jt./ 7
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING PART II, CHAPTER TWO
5 ENTITLED "ADMINISTRATION," OF THE CITY OF
6 BOYNTON BEACH CODE OF ORDINANCES TO
7 CREATE ARTICLE XII ENTITLED "VETERANS
8 ADVISORY COMMISSION"; PROVIDING FOR THE
9 CREATION OF THE VETERANS ADVISORY
10 COMMISSION; PROVIDING FOR PURPOSE AND
11 DUTIES OF THE VETERANS ADVISORY
12 COMMISSION; PROVIDING FOR ORGANIZATION;
13 PROVIDING FOR OFFICES OF CHAIR AND VICE
14 CHAIR, BOARD MEMBERSHIP, ALTERNATE BOARD
15 MEMBERSHIP AND HONORARY MEMBERSHIP;
16 PROVIDING FOR MEETINGS; PROVIDING FOR
17 ENACTMENT AND VOTING PROCEDURES;
18 PROVIDING FOR CLARIFICATION OF POWERS
19 DELEGATED; PROVIDING FOR CONFLICTS,
20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
21 DATE.
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23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff, does deem it appropriate and in the best interests of the citizens and
25 residents of the City of Boynton Beach to amend the Code of Ordinances, Part II, Chapter 2,
26 to provide for a Veterans Advisory Commission for military veterans; and
27 WHEREAS, the City Commission of the City of Boynton Beach desires to create the
28 Veterans Advisory Commission in order to provide the City Commission with advice and
29 recommendations regarding matters pertaining to the affairs of Veterans living within the City
30 of Boynton Beach; and,
31 WHEREAS, Part II, Chapter 2, Section 2-16 authorizes the creation of commissions
32 within the City of Boynton Beach.
33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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21 Section 1. The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4 Section 2. That Part I, Chapter 2, of the Boynton Beach Code of Ordinances is
5 hereby amended by creating Article XII, entitled "Veterans Advisory Commission" to read as
6 follows:
7 ARTICLE XII: VETERANS ADVISORY COMMISSION
8 Sec. 2-160 Creation of Commission
9 The City Commission, in accordance with the powers vested in it. hereby
10 creates and establishes the Boynton Beach Veterans Advisory Commission, hereinafter
11 referred to as the "Veterans Advisory Commission. "
12 Sec. 2-161 Purpose and Duties
13 (a) Purpose. The purpose of the Veterans Advisory Commission is to advise the
14 City Commission on matters related to veteran commemorative activities, and to
15 facilitate awareness and education amongst veterans within the City of Boynton Beach.
16 (b) Duties. It shall be the duty of the Veterans Advisory Commission to act solely
17 as an advisory board to the City Commission, providing recommendations and
18 guidelines pertaining to:
19 1. the planning, implementation and promotion of City sponsored events
20 and activities associated with Veterans Day, the Fourth of July, Memorial Day, and
21 Four Chaplains Day;
22 11. the funding resources available including private sources, grant funds, or
23 any other financial resource available to facilitate City sponsored activities related to
24 Veterans; and
25 111. the budgeting of specific programs or events related to veterans or of
26 interest to veterans
27 Sec. 2-162 Oreanization
28 The Veterans Advisory Commission shall consist of a total of seven (7) regular
29 members, four (4) alternate members, a~d five (5) honorary/ex-officio members.
30 Whenever possible, preference shall be given to residents of the City of Boynton Beach
31 for appointment to membership on the Veterans Advisory Commission
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Sec. 2-163 Board Appointment and Membership
(a) Board members shall be nominated by the veterans organizations listed herein,
and then appointed by the City Commission to either a position as a regular or alternate
member. The veterans organizations listed herein may nominate more than one
individual from their organization to serve on the Veterans Advisory Commission. The
City Commission may appoint more than one individual from anyone of the veterans
organizations listed herein. Prior to appointment, all members must submit an
application for appointment to the City Commission pursuant to the requirements of the
City's Code of Ordinances. as may be amended from time to time.
(b) Qualification for appointment. In order to qualify for appointment to
membership on the Veterans Advisory Commission, members must meet the following
qualifications:
(i) Military Service. All members servmg on the Veterans Advisory
Commission must have served in a branch of the armed forces of the United
States and, ifno longer active, be honorably discharged therefrom.
(ii) Organization Membership. A minimum of six (6) regular members of
the Veterans Advisory Commission must be a member of a local chapter of one
of the following organizations:
(1) American Legion:
(2) Veterans of Foreign Wars:
(3) Disabled American Veterans:
(4) Korean War Veterans:
(5) Vietnam War Veterans:
(6) Submarine War Veterans:
(7) Jewish War Veterans:
(8) Catholic War Veterans:
(9) Women's Army Corps Veterans: and
(0). Maritime War Veterans.
(iii) Nationwide Organization Membership. If the individual nominated is
not a member of the organizations listed above, a maximum of one (1) of the
appointed Board Members may. in the alternative, be a member of a national
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veterans organization. However, this national veterans organization must have
a charter that provides for service and assistance to veterans of the United
States.
(iv) Residency. A minimum of six (6) regular members must reside in the
City of Boynton Beach, A maximum of one (1) regular members may live
outside the City of Boynton Beach, so long as they are active in one of the local
chapters of the organizations listed above and are residents of Palm Beach
County.
(c) Staggered Terms for Board Membership. The initial regular members appointed
will serve as follows: three (3) members shall be for a term of three (3) years, two (2)
members shall be for a term of two (2) years, and two (2) members shall be for a term
of one (1) year. Their successors shall be appointed for a term of three (3) years.
(d) Reappointment. Removal. Vacancy. All members may be reappointed, without
limitation as to the number of terms served. Members may. at the discretion ofthe City:
Commission, be removed for cause, or for missing more than four (4) meetings per
year. Members that have been removed may not be reappointed for a period of 36
months. If there is a vacancy in the membership, the City Commission shall appoint a
new member to fill the vacancy.
(e) Privileges, Duties and Responsibilities.
(i) Privileges. Members will have voting privileges as set forth herein.
Members shall create and implement rules. policies and procedures necessary to
carry out the Veterans Advisory Commission's purpose. in conformance with
the provisions of the City's Code of Ordinances and State Law.
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(in The regular members shall vote to appoint a Chair, who shall preside'
over the meetings of the Veterans Advisory Commission, and also vote to
appoint a Vice-Chair who shall serve in the absence of the Chair.
Wi) Attendance. Members shall maintain regular attendance to the meetings
as required by the City's Code of Ordinances.
(f) Alternate Members. Pursuant the City of Boynton Beach Code of Ordinances,
the City Commission shall appoint four alternate members. Alternate members will
serve to fill a vacancy or removal in the Veterans Advisory Commission. Alternate
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members shall be appointed in the same manner as regular members. and shall meet the
Qualifications set forth for regular members. When serving in their capacity as a
alternate member. alternate members shall have the same privileges, duties and
responsibilities as a regular member, with the exception that no alternate member may
serve in a capacity as Chair or Vice-Chair, or hold any other office on the Veterans
Advisory Commission, nor may any alternate member be moved to a regular member
unless appointed by the City Commission pursuant to the procedure set forth herein.
The alternate member's term of membership shall run only through the term of the
vacancy they have fille~.
Dll- Honorary Members.
(i.) Appointment. The Veterans Advisory Commission may nominate five (5)
individuals to serve as Honorary Members of the Veterans Advisory
Commission, with preference given to individuals that are members to the
following organizations:
1. Gold Star Mothers & Fathers;
2. Current members of the Armed Forces;
3. Military Order of the Purple Heart;
4. Ladies Auxiliaries; and
5. Former prisoners of War.
The Veterans Advisory Commission shall forward the names of the five (5)
individuals who are nominated to the position of Honorary Members to the City
Commission who shall then confirm the nominations by a maiority vote of the
City Commission.
(ii') Privileges. Honorary Members may speak at meetings. but they do not
have voting rights.
(iii) Term of Honorary Membership. Honorary appointments will be for a
term of one year.
Sec. 2-164 Meetines
The Veterans Advisory Commission shall arrange for an appropriate time and place
meetings.
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Sec. 2-165
Procedure for enactment and votin2.
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All actions subiect to a vote shall be enacted as set forth below.
U!L.- Quorum. The Veterans Advisory Commission may not take any action unless a
quorum is present. A quorum shall consist of the physical presence of no less than four
(4) voting members ofthe Veterans Advisory Commission.
(b) V oting. An affirmative vote of a maiority of the voting members present shall
be required in order for the Veterans Advisory Commission to take any official action.
No voting by proxy is allowed. On final passage, the vote of each member of the
Veterans Advisory Commission shall be entered on the official record kept for the
meeting.
Sees. 2-166 Powers
Nothing in this article shall be construed as restricting, curtailing any of the
powers of the City Commission, or as a delegation to the Veterans Advisory
Commission of any of the authority or express or discretionary powers vested and
imposed by law in the City Commission. The City Commission declares that the public I
interest, convenience and welfare required by the appointment of the Veterans I
Advisory Commission to act in a purely advisory capacity to the City Commission for
the purposes set forth III this article. Any power delegated here to the Veterans
Advisory Commission to ado?t rules and regulations shall not be construed as a
delegation of legislative authority, but purely a delegation of administrative authority.
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Section 3.
All laws and ordinances applying to the City of Boynton Beach III
23 conflict with any provision of this ordinance are hereby repealed.
24 Section 4. Should any section or provision of this Ordinance or any portion
25 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
26 affect the remainder of this Ordinance.
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Section 5.
Section 6.
Authority is hereby given to codify this Ordinance.
This Ordinance shall become effective immediately.
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1 I FIRST READING this M!.klay of ..ttG tiS r ,2005. /)
2 SECOND, FINAL READING AND PASSAGE this ~ day Of/~h2005.
3 CITY OF BOYNTON BEACH, FLORIDA
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