Exh 8CAGENDA ITEM #8C
JULY 28, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ordinance establishing uniform terms and term limits for board. and
committee members
SUBMITTED BY: Maureen King, City Clerk
DATE: July 16, 2003
BACKGROUND: Since the adoption of Ordinance No. 5-03-42 establishing uniform terms
and term limits for boazd and committee members, some questions have been raised and we
wanted to make sure that we have correctly understood the intent of the City Commission.
Q. Will the current term or previous consecutive term(s) served count towards the term
limits established in the ordinance?
Boazd members will be limited to serving. eight consecutive years except for the Code
Enforcement Boazd whose members will have a limit of nine years. Staff considers that
any Code Enforcement Board member who has served nine years; or any member of any
other boazd who will have served eight consecutive yeazs at the end of his or her current
term, would not be eligible for reappointment.
Q. If a member is appointed to fill au unexpired term, will this portion of a term be
considered a term for purposes of term limits?
Regazding term limits for City Commissioners, Sec. 5 of the City Charter states that
serving arty part ofa term shall be considered a full term. Staff intends to use the same
means of deterniinhig term limits for boazd members.
BUDGET: N/A
RECOMMENDATION:
ATTACHMENTS
Confirm that staff's understanding of the intent of the City
Commission regazding the implementation of Ordinance No. 5-03-
42 is correct.
Ordinance No. 5-03-42
REVIEWED BY CITY
AGENDA ITEM #8C
JULY 28, 2003
ORDINANCE NO: 5-03-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 2, ADMINISTRATION, CHAPTER 14, PLANNING/ZONING/
APPEALS, AND CHAPTER 23, VEGETATION; CREATING UNIFORM TERMS
FOR APPOINTED MEMBERS OF THE CODE ENFORCEMENT BOARD,
COMMUNITY DEVELOPMENT BOARD AND TREE CONSERVATION
BOARD; PROVIDING A MAXIMUM LIMIT OF CONSECUTIVE TERMS FOR
BOARD MEMBERS; PROVIDING PROCEDURES FOR REMOVAL; AND
PROVIDING AN EFFECTIVE DATE
BE IT ENACTED by the City Commission on behalf of the people of the City of
Atlantic Beach, Florida:
Section 1. Sections 2-141 and 2-142 of the Code of Ordinances ofthe City of Atlantic
Beach, Florida, creating the code enforcement. board, are hereby amended as follows:
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall
consist of seven (7) members to be appointed by the mayor and approved by the city
commission. All members of the boazd shall be residents of the city and shall serve
without compensation. Members may serve a maximum of three (3) consecutive terms
Sec. 2-142. Removal; filling vacancies
Members of the code enforcement boazd may be removed from office by the city
commission for cause upon written charges and after public heazing. Any member who
fails to aitend t,~+s{2~-set-e€three (3) consecutive meetings without cause andheut
shall have his. office declared vacant unless
the member's absence is excused by a majority of the boazd members, and the city -
commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by
the mayor and approval of the city commission for the_unexpired terms affected.
Section 2. Sections 14-18 and 14-19 of the Code of Ordinances of the City of Atlantic
Beach, Florida, creating the community development boazd, aze hereby amended as follows:
Sec. 14-18. Terms of office of members; fdling of vacancies.
AGENDA ITEM #8C
JULY 28, 2003
Page 2 of 3
Ordinance No. 5-03-42
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reeatbers-appoinfe ''°" °°-'~° "+°'-°°'°a +°'^'° '° "'^"'a"d- Following the expiration of the.
members ma~serve a maximum of four (4) consecutive terms. All terms shall. expire'on
December 31 of the proper year. Any vacancy during the unexpired term of an appointed
member shall be filled by the city commission for the remainder of the term.
Sec. 14-19. Removal of Members
Any member of the community development board may be removed for cause by the city
commission upon written chazges and after public heazing. Anv member who fails to attend {3)
consecutive meetings without cause shall have his office declared vacant unless the member's
absence is excused by a majority of the boazd members, and the city co**lm;~eion shall promptly
fill such vacancv.
Section 3. Section 23-19 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended and a new Section 23-20 is created as follows:
Sec. 23-19. Tree Conservafion Board.
(b) All members ofthe board will serve without pay. `''''° -~°-~''°r° °''°"''° °~~°~~+°a
F // T.,... M\ C .. +...,. /71 . ~A +1...°° /Z\ F .. +1.«6° /Z\ .,°°.:° °~a ° ,..+;i +1.
Followin tg he expiration of
1 ha fnr 4am (71 vaarc anA
members may serve a maximum of four (4) consecutive terms. Vacancies caused by death,
resignation, or otherwise shall be filled immediately for the unexpired term in the same manner
as the original appourtments aze made.
Sec. 23-20. Removal of Members
Andmember of the tree conservation board may be removed for cause by the city
commission upon written charges and after public hearing: Any member who fails to attend (3)
consecutive meetings without cause shall have his office declared vacant unless the member's
absence is excused by a maiortv_ofthe boazd__m_e_mbers and the city commission shall nromntly
fill such vacanc
Section 4. This ordinance shall take effect immediately upon its final passage and
adoption.
AGENDA ITEM #8C
JULY 28, 2003
Page 3 of 3
Ordinance No. 5-03-42.
PASSED BY THE CITY COMMISSION on first reading thisa3 ~ay of 2003.
PASSED BY THE CITY COMMISSION on second and reading this t~~day of
2003.
-- ,~,~
Approved as to form and correctness:
ALAN C. SEN, ESQUIRE
City Attorney
Attest:
MAUREEN K1rIG, C C
City Clerk