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05-047 , , 1 ORDINANCE NO. 05- (Jt./ 7 2 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. 22 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: II 1 . 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 2 II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 3 II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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. I (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 4 II 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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. 5 11 Sec. 2-165 Procedure for enactment and votin2. 8 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. 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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. 27 28 Section 5. Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. 29 30 31 32 6 II 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~; ~;~7~J 24 25 n A~ f' ;~ ? -' /rJ-:t; // . i S:\CA \OrdinancesIVeterans Advisory Commission 7