HomeMy WebLinkAbout1990-206(1919O(ORD1)Legal (Ob)
ORDINANCE go --20
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA ESTABLISHING CHAPTER 103 -
COMMISSIONS AND BOARDS; PROVIDING
REPEAL; PROVIDING SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the Board of County
( nmm s s -i -ane rs—o f- nc i -a n—R-Lve-r Cour -t y-_ t -hat-,
SECTION 1.
/`/Vll1 A I CC I/V.IQ AAIn on ADnc
Chapter 103 - Commisions and Boards of Title I as
set forth in Attachment A to this ordinance is herebv
adopted.
SECTION 2.
REPEAL.
Those portions of the Indian River County Code
(1974 edition) superseded or in conflict with the provisions
herein adopted, in particular Chapter 1, are hereby
repealed.
SECTION 3.
SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance,
and it shall be construed to have been the legislative
intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 4.
EFFECTIVE DATE.
This ordinance shall become effective upon
confirmation from the ,Secretary of State.
Approved and adopted by the Board of County
Comrmi s s i arre r-s—of 1 ndiar Rive rCaunty , —Tri da , onthis 18
day of September 1990.
This ordinance was advertised in the Vero Beach
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Press -Journal on the 24 day of August 1990, for a
public hearing to be held on the __ day of September
1990, at which time it was moved for adoption by
Commissioner Scurlock , seconded by Commissioner
Bowman, and adopted by the following vote:
Chairman Carolyn K. Eggert Aye
Vice Chairman Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
BOARD OF COUNTY COMMI
INDIAN RIVER COUNTY,
ua ro i y/q K. tgge.
G
Attest By : ((IL 1Jr
Acknowledgment— by the Depa-rtmeTrt---o-f �tafi o€ tl;e State -of
Florida, this 21st day of September fi990.
Effective date: Acknowledgment from the Department of State
received on this 21st day of September , 1990, at 10:30
a.m./p.m. and filed in the Office o tFe-Clerk of the Boara
of County Commissioners of Indian River County, Florida.
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6119190.1(Code)Legal(Vk)
ATTACHMENT "A"
CHAPTER 103, COMMISSION AND BOARDS
§ 103.01. General
§ 103.02. Provisions applicable to 'a -H- to Commission and
§ 103.03. Regulatory Commission and Boards
§ 103.04. Advisory Commission and Boards.
§ 103,05. Tourist Development Council
Section 103.01 General
The Board of County Commissioners will, from time to time,
establish Commissions and Boards to advise the Board of
County Commi ss_i on-e_r-s and _s-t_a_f_f u+Li th respect to- specific
governmental action by making decisions on the disposition
of certain matters coming before the Board or Commtssion.
Commissions and Boards which give only advice are designated
"Advisory". Commissions and Boards which give advice and
take governmental action are designated "Regulatory".
Section 103.02 General Provisions applicable to all
Commissions and Boards
1. Terms, reappointment and vacancies. . Unless, specified
therwise, the. -regular -term -o-f offit-eshal I- be two
years Members may until their successors are
appointed. Members may be reappointed. Vacancies
shall be filled for the unexpired term,
?. Number a_f-members_. All boards—and commissi9ns shall
have five members each unless' otherwise stated in the
documents creating the board,
3. Appointment dates. All appointments shall be from the
first meeting of that board in January of each
odd -numbered year with the terms staggered so that the
numbe-r of people appointed shat Abe equal or in
proportion to the number of Commission seats normally
filled in the previous election.
-
—[n -order t o effectuate this policy, the p r es-ent- t--r-msofa-I-I
commission and board members in office at the time of
adoption of this code may be extended or shortened by
resolution of the commission or the normal appointment terms
may be shortened,
4. Removal. Members shall serve at the pleasure of the
county Commission.
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6/19190.1(Code)Legal(Vk)
5. Absence of Members. Absence of any member, from th-r-
consecutive meetings without approval of the commission
or board on which he. sits shall constitute an
abandonment of the office by such member.
6. Serve in advisory capacity. Commissions and boards
shall act only in an advisory, capacity to the County
Commission. excep ,as otherwise provided.
7.. Compensation, Members shall receive no salary, but the
County Commission may make provision for the payment of
any expenses necessary to the proper func'tioning,of the
c emm;��.o n or board.-
8,.
oard.-
8. Meetings. Unless otherwise provided, all meetings
shall be given public notice by the Executive Aide to
the Commissio-r sha-H be=open-t-o=the pubI-ice; and-s4a
- generally be held in the County 'Commission Chambers, -
1840 25th Street, Vero Beach. Unless provided by the
Clerk of the Court or a Department secretary, the
Executive Aide shall provide secretaries for all
commissions .and boards _ nd shat_l keep minu des and a
permanent record of .their proceedings.. A copy of the
minutes shall a forwarded to the Board to the County
Commission upon request.
9. Election of Officers. A county commissioner, -if a
-mem elf a commission or board steal—hair'—t. a
commissionor board; otherwise, each– Eoi-ss..ion—and
board shall elect a chairman and a vice-chairman
annually in the month of January, or at its next
meeting if no meeting is held in January.
10, Rules of procedure. Each commls� on and boar-d_h"_1 I
follow such appropriate rules of procedure as are set
forth by this code for the County Commission and shall
meet as necessary.
11. Quorum. A majority of members of any commission or
—board slia H constitute a quorum.
12. Commission or board action. Any matter, motion, or
application ,before any commission or board with five
members or less must receive the affirmative vote of at
least three members r n�ee� a y matter, motion
for -,�a . ,v g .,�Ar�,--..,�«� ,
or application before any commission or board with more
than five members .must receive the affirmative vote of
at least four members and a majority of those present,
for passage. Any matter, motion, or application which -
is voted on and which receives less than the number of
votes required for passage shall, be deemed.to'.have been
denied.
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6/19/90.1(Code)Legal(Vk)
Sec#A-on 10 -3 -w -01 ---Re uta-t-ory Comm-iss ions -and Boards
1. Planning and Zoning Commission. There is hereby
created a Planning and Zoning Commission to carry out
the procedures, duties, and functions set forth for it
in the zoning ordinances. The board shall consist of
seven (7) members. The board shall be the Local
Planning Agency for the County. All members shall be
residents of the county.
2. Board of Zoning Adjustment. There is hereby created a
Board of Zoning Adjustment to carry out the procedures,
duties, and functions set forth for it in the zoning
ordinances. All members shall be residents of Indian
River County.
3: Bul-Id+ng- Code Board of Adjustment— ntJ- Appeals. There
is hereby created the Building Code Board of Adjustment
and Appeals. The board shall consist of (7) members.
fie membership of fie biwd sh-a- tom -he extent
practicable, consist of at least one architect, one
engineeron"eneral contractor, and four (4) members
with experience in the building industry. One member
of the board shall be a representative of the board of
t -he z on -i -ng a 4u s tme n t s.
4. Code Enforcement Board. There is hereby created the
Indian River County Code Enforcement Board pursuant to
authority and procedures of Chapter 162, Florida
Statutes. The Board shall be constituted and have
powers and responsibilities as set forth in Chapter
162, Florida Statutes.
5. Indian River County Environmental Control Board. There
is hereby created the Indian River County Environmental
Control Board pursuant to the authority and procedures
of Chapter 85-427, Laws of Florida, The Board shall be
constituted and have powers and responsibility as set
forth in said laws of Florida. It shall appoint a
five -member hearing board pursuant to and with powers
provided by said Laws of Florida,
Section 103.04 Advisory_ Commissions and Boards
All advisory boards or commissions shall be created by
resolution instead of by ordinance, The Executive Aide
shall keep a current list of all advisory board resolutions
with a current roster of their membership and shall provide
notice and minutes ,for all meetings.
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Section 103.05. Tourist Development Council
1.T ere is hereby establ-Fsh—ed--and appointed a County
Tourist Development Council consisting of the Chairman
of the Board of County Commissioners of Indian River
.County or another member of the Board of County
Commissioners as designated by the (Crl,hairman; two. (2)
elected municipal officers, one om slily l l be from
the most populous municipality in the County; three (3)
owners or operators of motels, hotels, recreational
vehicle parks, or other tourist accommodations, within
the County; and three (3) persons who are involved in
the tourist industry and who have demonstrated an
interest in tourist development, but who are not owners
or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations. All members of
the Council shall— be electors of thQ C9unty.
2. The members of the Council shall a appointed y the
Board of County Commissioners of Indian River County
and shall serve for terms of four (4) years.
3. The Chairmanof—the Board 'of County Commissioners. of
—Fnclian River County or his designee who is a member of
the Board of County Commissioners shall be the Chairman
of the Tourist Development Council.
The—CouncF shai+, -from time --t o time, mak
recommendations to the Board of ,County Commissioners
for the effective operation of.special projects'or for
uses of the tourist development tax revenue. The
Council shall continuously review expenditures of
revenues—from- the _t_our-i_std_eve_I_opmenttrust fund and
shall receive, at least quarterly, expenditure reports
from the Board of County ommissioners oror Fts designee,
Expenditures which the Council believes to be
unauthorized shall be reported to the Board of County
Commissioners and to the Department of Revenue. The
Board of County Commissioners and the Department of
Revenue sha I I review -t-he—find ngs -of the—Council—an
take appropriate administrative or judicial action to
ensure compliance with Section 115.0104, Florida
Statutes.
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