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0809 Citizen Bd. Appointments• • ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 155 THEREOF, WHICH SECTION SETS FORTH POLICY AND PROCEDURE FOR THE COMPOSITION AND METHOD OF APPOINTMENT OF MEMBERS TO CITIZEN BOARDS, AND THE DUTIES THEREOF; PROVIDING FOR THE APPOINTMENT OF NON- VOTING OR ADVISORY MEMBERS AS MAY BE PROSCRIBED FROM TIME TO TIME BY FEDERAL, STATE OR LOCAL LAW; PROVIDING FOR THE TERM AND DUTIES OF SUCH MEMBERS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Section 155 of the Land Development Regulations in effect in the City of Okeechobee, Florida outline and provide for the appointment, make -up, and duties of the various citizen boards that have been created within the City, and; WHEREAS the present regulations require each member to be a voting member of the board upon which that person sits, and it has come to the attention of the City that from time to time under either Federal, State or Local legislation such statutes, rules or ordinances require persons to be named to boards in an advisory capacity, and to be a non - voting member thereof, and; WHEREAS the City of Okeechobee, Florida wishes to provide for the appointment of such members to come into compliance with such legislation, and it is within the City's authority to do so under Chapter 166, Florida Statutes; THEREFORE, be it adopted and ordained that the City of Okeechobee, Florida, by majority vote of the duly elected City Council thereof, hereby amends ordinance 716, and particularly Section 155 of the Land Development Regulations, in the following respects: THAT Section 155 shall read as follows: 155 CITIZEN BOARDS The following shall apply to all Citizen Boards, including the Planning Board, Board of Adjustment, and any other Board comprised of citizens appointed by the City Council: 1 Qualifications of Members No member or altemate member of a Citizen Board shall be an employee of, or hold any elective position or office in the govemment of the City. City Council may appoint any or all of the members to serve jointly on the Planning Board and the Board of Adjustment. Members shall be appointed from among persons in a position to represent the public interest, and shall be residents of the City or County. Underlined language is to be added. enough language is to be deleted. Page 1 of 3 2 Alternate Members Two altemate members shall be appointed to each Board. Such altemate shall attend all meetings and fully participate in Board discussions and deliberations to the point of voting. Should any permanent member be absent, the chairperson shall declare the alternate to be a voting member for the duration of the meeting. 3 Vacancies Vacancies in any Board membership shall be filled by appointment of the City Council for the unexpired term of the member affected. It shall be the duty of the chairperson of each Board to notify the Mayor within 10 days after a vacancy shall occur among the members or alternate member. 4 Removal Members of a Board may be removed from office by a majority vote of the City Council. 5 Sunset Terms of Board members who are due to retire shall expire on April 30th of each year. 6 Compensation Members of Boards shall receive no salaries for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties, as may be set from time to time by City Council. 7 Advisory Members In addition to regular members of citizens boards as provided herein, the City may from time to time accept onto anv citizen board an advisory member, as may be required from time to time by Federal, State or Local legislation, ordinance or rule, which member shall not be a voting member of such board. The method of such appointment shall be as required by such Federal, State or Local legislation, ordinance or rule, and shall be implemented by inter - local agreement between the City of Okeechobee, and such other entity requesting the appointment of an advisory member, which agreement shall also set forth the term, duties, and obligations of such non - voting member. The advisory member may be appointed by the Citv Council, or the entity requesting the appointment, as may be required by the legislation, ordinance or rule that mandates or authorizes the appointment. The purpose of such non - voting member shall be to serve on the board as an advisory member, who may participate in all discussions, offer opinions or advise, or otherwise represent and act on behalf of the entity which such member represents. Such member is not subiect to attendance requirements for citizen's boards, and may attend as required to fulfill his or her duties as set out in the inter -local agreement under which such person was appointed. INTRODUCED for first reading and public hearing on th= day of November , 2002. ATTEST:* ' Bonnie SThomas,,.CMC, City Clerk Underlined language is to be added. Stfttelc eugh language is to be deleted. a es E. Kirk, Mayor Page 2 of 3 ADOPTED after second reading and public hearing on the 19th day of November , 2002. Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, ity Attorney James E. Kirk, Mayor Underlined language is to be added. ugh language is to be deleted. Page 3 of 3 AGENDA IV. NEW BUSINESS. A. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically relating to Section 155, pertaining to Citizen Boards. October 29, 2002 - Land Planning Agency - Page 2 of 3 ACTION - DISCUSSION - VOTE Attorney Cook explained that there recently has been an amendment to the Florida Statutes allowing for a non - voting member to be appointed to Citizen Boards, specifically in this case a School Board Member to advise the Board when necessary. This member would attend periodically. It was thought that Attorney Cook is similar to the non - voting member as being kind of an advisory member. Attorney Cook stated that he is in a different category due to the legal aspect he advises the Board on. It was also mentioned that when new developments are proposed it might be nice to have a member of the School Board there to respond as to how it may impact the nearby schools. There was no public comment. There was no further discussion from the Board. Board Member Ledferd moved to recommend to the City Council to approve the Land Development Regulation Amendment to the Citizen Boards Section 155. Board Member Hoover seconded the motion. VOTE CREECH - YEA HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED.