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HomeMy WebLinkAbout2011-007ORDINANCE NO. 2011- pC17 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 103.02, 103.04, 103.04.2, 103.22 AND 103.30 OF THE CODE OF INDIAN RIVER COUNTY, WITH RESPECT TO COMMITTEE MEMBER TERMS AND TO ADDRESS AND CORRECT CERTAIN INCONSISTENCIES AND HOUSEKEEPING MATTERS; PROVIDING FOR SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has determined that sections 103.02, 103.04, 103.04.2, 103.22 and 103.30 of the Code of Indian River County should be amended with respect to committee member terms and to address certain inconsistencies and other minor housekeeping matters as set forth herein, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Legislative Findings. The Board finds that the above "Whereas" clause is true and correct, and hereby incorporates such clause as the legislative findings of the Board. Section 2. Amendment of Certain Sections of Chapter 10g, "Commissions and Boards". Sections 103.02,103-04,103-04.2,103.22 and 103.30 of the Code of Indian River County are hereby amended to read, as follows (new language is underlined, deleted language is noted by strilethr-eugh): Section 103.02. General provisions applicable to all commissions and boards. 1. Terms, reappointment and vacancies. Unless specified otherwise, the regular term of office shall be two (2) four years. Members may serve until their successors are appointed. Members may be reappointed. Vacancies shall be filled for the unexpired term. 2. Number of members. All boards and commissions shall have five (5) members each unless otherwise stated in the documents creating the board. 3. Appointment dates. Unless otherwise stated, 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 number of people appointed shall be equal or in proportion to the number of commission seats normally filled in the previous election. To the extent that a ORDINANCE NO. 2011- 007 member is appointed by a single county commissioner, that member's term shall commence in January following the election of the commissioner. To the extent that members serve in an ex officio capacity or are appointed by other governmental entities or groups, such members shall serve until replaced by new members serving in the ex officio capacity or appointed by the other governmental entities or groups. In order to effectuate this policy, the present terms of all 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. To the extent that a member is appointed by a single commissioner, the member shall serve at the pleasure of the appointing commissioner; and to the extent that a member is appointed by another governmental entijy or group the member shall serve at the pleasure of the appointing governmental entity or group 5. Absence of members. Absence of any member from three (3) consecutive meetings without approval of the commission or board on which he sits shall, at the discretion of the county commission, 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 except 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 functioning of the commission or board. 8. Meetings. Unless otherwise provided, all meetings shall be given public notice by the exeeutive aide to the eemmi commissioners' assistants, shall be open to the public, and shall generally be held in the County Commission Chambers, +84e --_-,5th 18o1 27 Street, Vero Beach. Unless provided the clerk of the court or a department secretary, the emeeutive e commissioners' assistants shall provide sir-ies support for all commissions and boards and shall keep minutes and a permanent record of their proceedings. A copy of the minutes shall be forwarded to the board to the county commission upon request. 9. Election of officers. Each commission and board shall elect from among its voting members a chairman and vice-chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Except as otherwise provided by state or federal law, a county commissioner appointed as a representative of the board 2 ORDINANCE NO. 2011- 007 of county commissioners to a commission or board shall be the board's non-voting liaison to such commission or board. 10. Rules of procedure. Each commission and board shall 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 shall constitute a quorum. 12. Commission or board action. Any matter, motion or application before any commission or board with five (5) members or less, must receive the affirmative vote of at least three (3) members for passage. Any matter, motion or application before any commission or board with more than five (5) members must receive the affirmative vote of at least four (4) 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. Section 103.04. Advisory commission and boards. All advisory boards or commissions shall be created by resolution instead of by ordinance. The emeeutive ae commissioners' assistants 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. Section 103.04.2. Voting conflicts. (a) This section is supplemental to voting conflict restrictions in the Florida Statutes. (b) Whenever a person is being considered for appointment or reappointment to a commission, board or committee, the administrative t to the-beaf -d commissioners' assistants shall, at the request of the board of county commissioners, inform the board of eeunt y e of the number and nature of the memoranda of conflict previously filed by the person being considered for appointment or reappointment under F.S. § 112.3143• (c) No person who is a member of a commission, board or committee shall appear before that commission, board or committee in a representative capacity. This 3 ORDINANCE NO. 2011- 007 shall not prohibit said member from appearing before the commission, board or committee in a matter on that member's own behalf. Section 103.22. Appointment to the children's services advisory committee. (1) The membership of the children's services advisory committee shall consist of thirteen (13) voting members who must be residents of Indian River county as follows: a) Six (6) ex -officio voting members. Those members shall be: County Commissioner Judge living in Indian River designated by Chief Judge Superintendent of Schools Department of Children and Families, Assistant District Administrator for IRC Department of Health County Health Department Administrator Law Enforcement officer b) Five (5) voting members from the community appointed by the board of county commissioners, reflecting the geographical and social diversity of the community. Each commissioner shall appoint one member to represent his/her district. c) Two (2) at -large members shall be appointed by the board of county commissioners. (2) [Reserved.] (3) The seven district and at -large members shall have been residents of Indian River County for at least twenty-four (24) months prior to nomination. Such members shall be appointed for four-year terms, except that the length of the terms of the initial appointees shall be adjusted to stagger the terms. No at -large member shall serve for more than two (2) consecutive four-year terms. (4) Members appointed as district members may be replaced during their term if the commissioner from the same district requests the board of county commissioners to replace that district member. (5) No designee of principals will be allowed for any member of the children's services advisory committee. 0 ORDINANCE NO. 2011- 007 (6) One county staff member, assigned by the county administrator, acting as the executive staff effleer office director to the children's services advisory committee, shall be a non-voting member. (7) Officers: Officers will include a chair, appointed by the board of county commissioners, vice chair, and standing sub -committee chairs. Officers excluding the chair will be elected by the majority vote of the children's services advisory committee members each January and will assume the duties of their office on the regular meeting on the second Monday of the next meeting each year. The term as an officer, other than a county commissioner, will be for one year, but officers may succeed themselves. Section 103.30. Function of executive staff sffieer office director. The executive office director of the county will provide all services needed to complete reports and activities required to meet the objectives of the children's services advisory committee. These activities will include, but are not limited to, secretarial support for the children's services advisory committee meetings and be the official record repository for said records, keeping other records, monitoring agencies receiving funds, writing appropriate grants, producing written materials, reviewing applications for funding, reporting to the children's services advisory committee, preparing annual budgets, writing and presenting annual reports. The office of the executive staff ^vniier office director shall consist of a director and adequate staff to perform all duties assigned by the children's services advisory committee. Sectiong. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal on the 26th day of August , 2011, for a public hearing to be held on the 13th day of septembe;72011, at which time it was moved for adoption by Commissioner wheeler seconded by Commissioner naris , and adopted by the following vote: 5 ORDINANCE NO. 2011- 007 Chairman Bob Solari Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the ordinance duly passed and adopted this 13th day of September 2011. .•• "••, cavo: ••�y�;, a:.......... ATTEST: Jeffrey K. Barton, Clerk By: �'., (29�' Deputy Clerk BOARD OF COUN'T'Y COMMISSIONERS INDIAN RIVER COUN'T'Y, FLORIDA By: Bob Solari, Chairman Approved as to form and legal sufficiency: Alan S. Po ackwich, Sr., County Attorney EFFECTI DATE: This Ordinance was filed with the Department of State on the Z day of 2011.