Ordinance No. 5-18-67 - ESCORDINANCE NO. 5-18-67
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 23 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; AMENDING SECTION 23.52, ENVIRONMENTAL
STEWARDSHIP COMMITTEE, SUBSECTION (c); "MEMBERSHIP,
TERMS, APPOINTMENTS, GEOGRAPHIC REQUIREMENTS,
COMPOSITION," AND SUBSECTION (e), "REMOVAL OF MEMBERS,"
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board Member Review Committee has conducted a study over the last
year to assess board and committee membership, terms, removal and selection/appointment
procedures for all boards and committees of the City; and
WHEREAS, the Board Member Review Committee has developed and forwarded its
recommendations to standardize, clarify and streamline the membership, terms, removal and
selection/appointment procedures for the various boards and committees of the City to the City
Commission.- and;
WHEREAS, following a proper and valid vote for reconsideration, the City Commission
now desires to modify this Ordinance to allow a committee member to serve in other public offices
Provided no violation of Article II, Section 5(a) of the Florida Constitution arises; and
WHEREAS, an additional duly noticed public hearing was held on January PI, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Revisions to Section 23-52(c)(1), Membership. Section 23-52(c)(1) of the
Atlantic Beach Code of Ordinances is hereby amended as follows:
(1) Membership. The Environmental Stewardship Committee shall be composed of
eleven members. A majority of the members of the Committee shall constitute a
quorum. No member of the Committee shall hold any other public office-ef
appointed position in the city in violation of Article II, Section 5(a), Florida
Constitution.
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SECTION 2. Revisions to Section 23-52(c)(2), Terms. Section 23-52(c)(2) is hereby
amended as follows:
(2) Terms. Following the expiration of the terms of office of the inaugural board
members, A all members shall serve four three-year terms. with the exception of
inaugural committee members. Members shall not serve more than two three
consecutive terms on the Committee. All terms shall expire on December 31 of the
proper year, provided, however, that members whose terms expire shall continue
to serve until replacement appointments are effective. Three year terms of the
inaugural committee members shall constitute a full term. In the event a vacancy
occurs and three years or more remain in the vacating member's term, then the
remaining time shall constitute a full term. Any committee member who wishes to
resign should submit a letter of resignation to the chairman and city clerk. Any
vacancy during the unexpired term of an appointed member shall be filled for the
remainder of the term. Should the length of the unexpired term be less than one
year, then such appointment shall not count towards the maximum number of
consecutive terms.
SECTION 3. Revisions to Section 23-52(e). Removal of Members. Section 23-52(e) is
hereby amended as follows:
(e) Removal of members.
A member's position on the committee shall b-
01078063-1
has three (3) or more unexcused absences from committee meetings within a one year
period. Any member on the Committee may be removed for cause by the City
Commission upon written charges and after public hearing. Any member who fails to
attend three (3) consecutive meetings without prior notice to the Director of Planning
and Community Development or his/her designee and without reasonable cause shall
2 Ordinance No. 5-18-67
have his office declared vacant by the Committee. The vacancy shall be promptly
reported to the city clerk and filled by the city commission.
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance
are repealed to the extent inconsistent herewith.
SECTION 5. Severability. If a Court of competent jurisdiction at any time finds any
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall
be deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and
approval.
PASSED by the City Commission this 13th day of November 2018.
PASSED by the City Commission on second and final reading this 26th day of November,
2018.
PASSED by the City Commission following a proper and valid vote for reconsideration and
additional duly noticed public hearing and final reading this / / iav of January, 2019.
Donna L. Bartle, City Clerk
Approved as to form and correctness:
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It /(,1
M. Du en City Attorney
7CITY �LANTITI�C BEACH
Elle Glasser, Mayor
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