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21-016 1 2 ORDINANCE NO.21-016 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING CHAPTER 27, "ADVISORY BOARDS AND 6 COMMITTEES", SECTION 27-2; PROVIDING FOR SELECTION OF 7 THE CHAIR AND VICE-CHAIR OF EACH BOARD; AMENDING 8 SECTION 27-22, "DEFINITIONS" TO CORRECT A SCRIVENER'S 9 ERROR; PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission has determined it is in the City's best interest to 13 amend the selection of the Chair and Vice-Chair of each City Advisory Board and Committee; 14 and 15 WHEREAS, the City Commission has determined it is in the City's best interest to 16 provide for the removal of the Chair and Vice-Chair of any City Board or Committee; and 17 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 18 residents of the City to amend Chapter 27, Advisory Boards and Committees, as hereinafter 19 referenced. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,THAT: 22 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. Part II, Chapter 27, "Advisory Boards and Committees", Section 27-2 25 is hereby amended as follows: 26 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 27 1.No person shall be appointed to a City advisory board or committee without the person first 28 submitting an application for appointment. All applications for appointment to a City board 29 shall be on a form authorized by the City Commission. The City Clerk shall review all 30 applications for completeness and qualifying requirements prior to submitting them to the City 31 Commission for consideration. 32 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board 33 shall be selected by each Board however the City Commission must ratify the selectionniaievity 1 34 .Neither the chair nor the vice-chair have fixed terms. The Chair 35 and Vice-Chair shall be annually reappointed. The duties of the chair shall be to preside at all 36 board meetings.The vice-chair shall perform the duties of the chair in the chair's absence. The 37 City Commission may remove the Chair or Vice-Chair from their position at any time by 38 majority vote of the City Commission. The City Commission may retain the Board member 39 on the Board or vote to have them removed from the Board completely. 40 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate 41 members for each board. Alternate members may participate at board meetings in the place of 42 absent board members or recused members, to the same extent as regular members. In the 43 event a vacancy occurs on a board, the alternate shall assume the role of a regular board 44 member for the remainder of the abandoned term or until the City Commission appoints a 45 replacement regular member, whichever occurs first. 46 a. The term for alternate members shall be for one(1)year. 47 b. Alternate member appointees may be reappointed. 48 c. Notwithstanding any other provision of City code or procedural rule, no alternate 49 member of any City board may serve in the capacity of Chairperson,Vice Chair,or 50 Chair Pro-Tern. 51 4. Organization. Generally, City advisory boards and committees shall be composed of seven 52 (7)regular members and two(2)alternate members, except as may be provided for by Florida 53 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 54 Ordinances of the City of Boynton Beach. 55 5.Quorum.Four(4)members shall constitute a quorum for each advisory board and committee 56 with seven (7) regular members. Where an advisory board or committee has less than seven 57 (7)regular members, a simple majority of regular members shall constitute a quorum. 58 6.Qualifications.Members serving on advisory boards and committees shall possess sufficient 59 knowledge, experience,judgment or background necessary to competently serve the board or 60 committee to which they are appointed. 61 (a) In order to qualify for appointment to and to serve as a member of any board or 62 committee of the City, an individual must be an elector of Palm Beach County, 63 Florida. 2 64 (b) In selecting individuals to serve on boards and committees of the City, preference 65 shall be given to individuals who are residents of the City of Boynton Beach, 66 provided however, non-residents who own property in the City, own a business 67 within the City, or serve as an officer, Director or manager of a business located 68 within the City may also qualify for appointment provided they possess 69 qualifications or experience uniquely suited to deal with the subject matter over 70 which the board or committee has subject matter review or power. 71 (c) In selecting individuals to serve on boards and committees of the City, preference 72 shall be given to individuals who do not presently serve on one of the City's boards. 73 (d) Concurrent service on City boards and committees shall be permitted only to the 74 extent necessary. If a board member holds a position on a board that conducts 75 "quasi-judicial proceedings"as defined by Section 27-8 herein, such member shall 76 not concurrently serve on another advisory board that has similar quasi judicial 77 powers. 78 6. Term of Service. In general,all regular member appointments shall be for a two-year period. 79 (a) Commencement of Terms. All advisory board and committee appointments shall 80 commence at 12:01 a.m. on April 1 and shall be for a period of two (2)years. 81 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00 82 midnight on March 30th of their second year of appointment, except as set forth in 83 Section 27-5 herein. The City Commission shall review applicants and fill 84 vacancies on City boards during the month of April following the City's March 85 Commission elections or as soon thereafter as practicable. 86 (c) The terms of office of the board members shall be staggered so no more than one- 87 third of the board is appointed or replaced in any 12-month period. 88 (d) The current term of all board members whom have been appointed prior to the 89 adoption of Chapter 27 shall continue uninterrupted until the expiration of said 90 term. 91 92 93 3 94 95 7. Term Limits. 96 (a) No member shall be appointed for more than two (2) successive terms (original 97 term, plus on additional term). A member who has been appointed to fill an 98 unexpired term shall remain eligible to serve two(2)full two-year successive terms. 99 (b) Upon completion of the maximum allowable two (2)full terms of membership,no 100 member shall be eligible for reappointment to the same advisory board, and 101 committee for a period of one (1) year unless otherwise approved by the 102 Commission. 103 8. Reorganization. In the case of creation of a new board or committee or the reorganization 104 or reconstitution of an advisory board or committee, three(3)members shall be appointed for 105 an initial term of one year,with the balance of the members being appointed for an initial term 106 of two(2)years.Thereafter, all appointments shall be for two (2)years. 107 108 Section 3. Part II, Chapter 27, "Advisory Boards and Committees", Section 27- 109 22,"Definitions" is hereby amended as follows: 110 111 (3) Arts Commission or Art Advisory Board means the advisory board established by 112 the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory Board in 113 Ordinance 2.020-016. 114 115 Section 4. Each and every other provision of the Code of Ordinances of the City 116 of Boynton Beach not herein specifically amended shall remain in full force and effect as 117 previously enacted. 118 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 119 same are hereby repealed. 120 Section 6. Should any section or provision of this ordinance or portion hereof; any 121 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid. 122 such decision shall not affect the remainder of this ordinance. 123 Section 7. Authority is hereby granted to codify said ordinance. 4 124 Section 8. This ordinance shall become effective immediately upon passage. 125 Section 9. All matters pending before the City boards or committees at the time of 126 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 127 the respective board or committee. 128 FIRST READING this 18th day of May, 2021. 129 130 SECOND, FINAL READING AND PASSAGE this '- -day of 'Imre , 2021. 131 132 CITY OF BOYNTON BEACH, FLORIDA 133 134 YES NO 135 Mayor- Steven B. Grant t/ 136 137 Vice Mayor-Woodrow L. Hay 138 139 Commissioner-Justin Katz 140 141 Commissioner-Christina L. Romelus 142 143 Commissioner-Ty Penserga 144 145 VOTE S -� 146 147 ATTEST: 148 149 �c� 150 151 C ta1 Gibson, MMC 152 City Clerk 153 154 155 (Corporate Seal) 156 5