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HomeMy WebLinkAboutOrdinance_16-09_08/13/2009ORDINANCE NO. 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 Village'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 Village 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 best 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 II. 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: 1 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 4with-rye-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 dec{ared 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 9th day of July, 2009 SECOND AND FINAL READING this 13th day of August 2009 2 Upon First Reading this 9th day of July 2009, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Vice-Mayor Paterno and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest For Adoption Against Adoption X X X X X Upon Second Reading this 13th day of August 2009, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Vice-Mayor Paterno and upon being put to a vote, the vote was as follows: Mayor Pat Watkins For Adoption X Against Adoption Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest X X X X The Mayor thereupon declared the Ordinance duly passed and adopted this 13th day of August, 2009. MAYOR OF TEQUESTA ATTEST: .~°~~~p,GE L 6~ I C.(J-- ~--C,L~Q~'~~~`~J~~'. CEO RP~•. ~~, . rn~/, `` \- . Lori McWilliams, CMC ~ ~ 'Q, Village Clerk =~' Oq ~~ m;~ ,~~~ a p09gjF0 ,:.a ~~ Pat Watkins