HomeMy WebLinkAboutDocumentation_Regular_Tab 18_08/13/2009~`- VILLAGE OF TEQUEST
AGENDA ITEM TRANSMITTA
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1. VILLAGE COUNCIL MEETING:
Redistributed from
7/9/09 Council Meeting
Meeting Date:
7/9/09 Meeting Type: Regular Ordinance #: 16-09
Consent Agenda: No Resolution #: Click here to en'er text.
Originating Department: Clerk
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 16-09, First Reading, Amending Section 22-51 to Remove Reference to the Requirement
that "No two Board Members coming from the same homeowners', condominium or community
association."
3. BUDGET /FINANCIAL IMPACT:
Account #: NIA Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
During the May 14, 2009 Council Meeting, Vice-Mayor Paterno suggested Council consider
amending Section 22-51 of the Village Code to remove the reference, "no two board members
coming from the same homeowners', condominium or community association." He noted the Village
Council is chosen Village wide with no requirements specific to residential location (other than within
the incorporated Village) and that the same should hold true for the P&Z Board.
5. APPROVALS:
.b' c f
Dept. Head:.,~1nLf^I ~._.~~-s-, Finance Director: ^ Reviewed for Financial
Sufficiency
~F No Financial Impact
Attorney: (for legal sufficiency) Yes ^ No ^
Village Manager:
~_
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ^
• DENY ITEM: ^
MEMORANDUM
Village of Tequesta
Clerk's Office
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
FROM: Lori Mc~lliams, Village Cleric
DATE: June 26, 2009
SUBJECT: Ordinance 16-09 - P8Z Composition of Board Proposed Change
During the May 14, 2009 Council Meeting, Vice-Mayor Patemo suggested Council
consider amending Section 22-51 of the Village Code to remove the reference, "no two
board members coming from the same homeowners', condominium or community
association.° He noted the Village Council is chosen Village wide with no requirements
speck to residential location (other than within the incorporated Village) and that the
same should hold true for the P&Z Board.
McWilliams, Lori
From: keith W. Davis [keith c~corbettandwhite.com]
Sent: Friday, June 26, 200911:21 AM
To: McWilliams, Lori
Subject: RE: Ord 16-09 PBZ.pdf -Adobe Acrobat Standard
Lori:
Looks good. Be sure to use my revised ordinance though.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: McWilliams, Lori [mailto:imcwilliamst~tequesta.org]
Sent: Friday, June 26, 200911:00 AM
To: keith W. Davis
Cc: Debbie Telfrin (E-mail); Michael Couao (E-mail)
Subject: Ord 16-09 P&Z.pdf -Adobe Acrobat Standard
Keith,
An agenda item for your review.
Lori
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ORDINANCE N0.16-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT.
ARTICLE II. COMMUNITY APPEARANCE. DIVISION 2.
PLANNING AND ZONING ADVISORY BOARD. BY AMENDING
SECTION 22-51, TO ELIMINATE THE REQUIREMENT THAT NO
TWO BOARD MEMBERS MAY RESIDE IN THE SAME
HOMEOWNERS', CONDOMINIUM OR COMMUNITY
ASSOCIATION; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Division 2 of the V'illage's Planning and Zoning Advisory
Board Code prohibits more than one board member from residing in any
particular homeowners', condominium or community association; and
WHEREAS, the Vllage Council desires to eliminate this membership
restriction so that all otherwise qualified individuals may be considered for
membership on the board; and
WHEREAS, the Village Council believes that this revision to the Planning
and Zoning Advisory Board Code is in the bes# interests of the Village of
Tequesta, and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1: Chapter 22. Community Development. of the Code of
Ordinances of the Village of Tequesta is hereby amended at Article I1.
Community Appearance. Division 2. Planning and Zoning Advisory Board. at
Section 22-51. by amending this section to eliminate the requirement that no two
board members may reside in the same homeowners', condominium or
community association; providing that Sec. 22-51 shall hereafter read as follows:
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Sec. 22-51. Creation, members, terms, appointment
A planning and zoning advisory board is hereby established.
(a) Composition of the board The board shall be composed of five regular
members and two alternate members (who shall serve without compensation),
appointed by the village council. At the time of appointment and at all times
during which they serve, all members (i) shall reside in the village {w~M-we-twe
{ii) shall not serve on the village council or on any other
village board or committee, and (iii) shall not be employed by the village or any of
its contractors. In the event that a lack of qualified eligible applicant(s) needed to
satisfy the requirements as stated, the village council shall have the authority to
appoint the vacant seats from any area of the Village of Tequesta.
(b) [This paragraph shall remain in full force and effect as previously adopted.]
(c) [This paragraph shall remain in full force and effect as previously adopted.]
(d) [This paragraph shall remain in full force and effect as previously adopted.]
(e) [This paragraph shall remain in full force and effect as previously adopted.]
Section 2: Each and every other section and subsection of Chapter 22
Community Development shall remain in full force and effect as previously
enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any
portion thereof, any paragraph, sentence or word be declared by a Court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon
passage.
FIRST READING this 9~' day of July, 2009
SECOND AND FINAL READING this 13"' day of August 2009
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