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2002.03.20_CRB_Minutes_RegularTOWN OF HIGHLAND BEACH • CHARTER REVIEW BOARD MEETING MINUTES March 20. 2002 10:00 a.m. Chairman Arlin G. Voress opened the meeting at 9:30 am in Town Commission Chambers. In attendance were Chairman Voress, Leonard D. Bell, Neil W. Burd, Doris M. Trinley and Miriam S. Zwick. Vice Chair James F. Niehoff and Joseph S. Yucht were absent. Also present was Town Manager Ben Saag and Mayor Thomas J. Reid. APPROVAL OF MINUTES Upon MOTION by MR. BURD/MRS. ZWICK, the Minutes of the January 23, 2002 meeting was unanimously approved. NEW BUSINESS ARTICLES V through XI were discussed at today's meeting, with recommended changes attached hereto and made a part of these minutes. The next meeting will be scheduled for the end of April or early May. With no further business to come before the Board, MOTION to adjourn was made by MR. BELL/MRS. ZWICK at 10:35 a.m. ADJOURN: Arlin G. Voress, Ch. James F. Niehoff, V.Ch Leonard D. Bell Neil W. Burd Doris M. Trinley Joseph S. Yucht Miriam S. Zwick Attest • absent ,'~t ,... ~ /; absent ~J ~~ Date: ~ 01 ,~~ ARTICLE V • 5.01 a b No change c (p.18) After ....(3) aye votes. Add "The town clerk shall record the vote of each member of the commission which shall be entered on the official records of each meeting." (from para below) next para rekey All resolutions and/or ordinances shall be attested by the town clerk to read: and signed by the mayor. In the absence, inability or incapacity of the mayor and/or town clerk, the signatures of the vice-mayor and a commissioner shall constitute sufficient compliance with the foregoing. All adopted ordinances shall be posted prominently for inspection by the public. All adopted ordinances or resolutions shall become effective ten (10) days after passage or as otherwise provided therein. (p.19 1st para) Add "prominently" after ...be posted Sec. 5.02 Delete telephone system. Change to "telecommunication systems". Have Tom Sliney check remainder of para re: Ordinances. (letter will be sent to him.) • Sec. 5.03 No change ARTICLE VI-XI Sec. 6.01 - 9.01 No change Sec. 9.02 Semicolon after liability; small p on provided Change moneys to "monies" 9.03 - 11.01 No change. Note: Sections will be renumbered after reserved sections are deleted. • • ARTICLE V. ORDINANCES Sec. 5.01. Authority to enact; procedure; execution; posting; emergency ordinances. The town commission shall have the right to adopt such ordinances authorized by the powers granted under this charter or allowed by a state statute. Adoption of ordinances shall be subject to: (a) A proposed ordinance shall be read on two (2) separate days. (b) A proposed ordinance may be read by title or in full for both the first reading and for the final reading. A roll call vote is required for final passage of every ordinance. (c) Further, all proposed ordinances, after a first reading and at least ten (10) days prior to adoption, shall be published by title once in a newspaper of general circulation serving the municipality. The notice of proposed enactment shall state the date, time, place of the meeting, the title or titles of proposed ordinances and the place or places within the municipality where such proposed ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. The majority of the members of the governing body shall constitute a quorum. In the event the quorum present shall constitute less than four (4) members of the commission, any ordinance or resolution shall not be adopted or enacted unless there are at least • three (3) aye votes. The town clerk shall record the vote of each member of the commission which shall be entered on the official records of each meeting. All r ns and/or ordinances shall be attested by the town clerk and signed h~ mayor. All ado dinances shall be posted for inspection by the ,one to be posted in the bulletin box ntrance of town hall, snot yin the lobby on the main bulletin board and a third copy a of signated area. In the absence, inability or incapacity of the mayor and n he signatures of the vice-mayor and a commissioner shall co sufficient compliance foregoing. The town clerk shall record t of each member of the commission which s ntered on the offic' ords of each meeting. All adopted ordinances or resolutions shall be tie c ive ten (10) days after passage or as otherwise provided therein. All resolutions and/or ordinances shall be attested by the town clerk and signed by the mayor. In the absence, inability or incapacity of the mayor and/or town clerk, the signatures of the vice-mayor and a commissioner shall constitute sufficient compliance sith the foregoing. All adopted ordinances shall be posted prominently for inspection by the public. All adopted ordinances or resolutions shall become effective ten (10) days after passage or as otherwise provided therein. • • For the purpose of considering and/or taking action deemed desirable or necessary, special meetings may be held at the call of the mayor and/or the town manager or shall be called at the request of three (3) of the commissioners..: Further, to meet a public emergency affecting life, health, safety, property or the public peace, the commission may adopt one or more emergency ordinances. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of four (4) members shall be required for adoption. Such emergency ordinances shall immediately be effective, or at such later time as the ordinance may specify. Every emergency ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted, but that shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. It shall be required that all emergency ordinances be posted prominently and remain posted until repealed or superseded by reenactment, whichever shall first occur. As a general rule, all other adopted ordinances shall be posted as soon as practicable and remain posted for thirty (30) days. The commission may adopt one or more emergency ordinances to meet a public • emergency affecting life, health, safety, property or the public peace, but such ordinances may not levy taxes, grant, renew or extend a franchise, and regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be designated as an emergency ordinance and shall contain a declaration stating that an emergency exists and describing it in clear and specific terms. It shall be the duty of the four (4) commissioners, who approve the emergency ordinance to sign same. Sec. 5.02. Franchises; notice; limitation. No public franchise of any description shall be granted except by ordinance. The commission may by ordinance give or grant to any person or persons, firm or firms, corporation or corporations, the right or privilege to erect, construct, operate or maintain an electric light plant and/or electric distribution system, water works and/or water distribution system, ,telecommunication systems, free or toll bridge, or other public utility within the town and to use the streets, alleys, utility easements and public waters of the town for such purposes. Whenever such ordinance has been passed upon its first reading by the commission, the commission shall have the same posted publicly in full for a period of ten (10) days at the front door of the town hall, entitled "A Proposed Ordinance of the Town of Highland Beach Granting a Public Franchise" before the commission shall take further action thereon. If such ordinance is amended after such posting, it shall be considered as again up for the first reading. Upon passage, the ordinance shall again be posted as herein required. But no such franchises shall be for • a longer period than thirty (30) years, and shall in every respect comply with the provisions of F.S. ° 180.14, as amended. • Note: letter to be sent to Tom Sliney asking for clarification on language re ordinances. Sec. 5.03. Record of ordinances; rule of evidence. It shall be the duty of the town clerk to keep the record of all ordinances adopted by the commission in a book kept for that purpose. A copy of any ordinance therefrom, certified by the clerk, under the seal of said town, shall be taken and considered in all courts of this state as prima facie evidence that such ordinance was duly passed and posted or published. ARTICLE VI. BONDS Sec. 6.01. Purposes; election; exceptions. Bonds of the Town of Highland Beach, Florida, may be issued for any purpose permitted by the Constitution and laws of the State of Florida, provided, however, that if required by the Constitution of the State of Florida, no such bonds shall be issued except when approved by vote of the qualified electors of the Town. Such election shall only be held between November 01 of a given year through April 01 of the following year. Exceptions to this would be for bond referendums necessitated by an act of God/disaster and defined by Webster as "a sudden and extraordinary misfortune, unforeseen mischance bringing with it the destruction of life and property" as well as litigation settlement. (Ord. No. 651, ° 1, 9-5-95) • Secs.6.02--6.05. Reserved. Editor's note--Ord. No. 651, ° 2, adopted Sept. 5, 1995, repealed former °O 6.02--6.05, relative to bonds, which derived from Ord. No. 636, adopted Oct. 5, 1993. ARTICLE VII. REVENUE AND TAXATION Sec. 7.01. Taxing authority. The commission shall have power to raise by ad valorem tax upon all real and personal property within said town all sums of money which may be required for improvement and government of the town and for carrying out of the powers and duties herein granted and imposed. The commission shall also have power to levy annually such special tax on taxable property, real and personal, within the corporate limits of said town, as may be necessary to provide funds for the payment of bonds or interest bearing warrants of maturity and the same shall be deposited in full compliance with F.S. ° 166.261. Sec. 7.02. Taxation of property. All property, real and personal, in said Town of Highland Beach not expressly exempt by laws of the state shall be subject to taxation for the purpose mentioned in this charter. Sec. 7.03. Reserved. • Sec. 7.04. Annual millage limit. • That the town is hereby empowered to levy and collect the annual tax for general municipal purposes not to exceed five (5) mills on a dollar on the assessed valuation of all taxable property within the town. It may also levy and collect, in addition to the amount already stated in this section, such taxes as may be necessary, for the payment of interest on bonds to be issued in accordance with law, and to create or continue a sinking fund or funds for the payment of the principal of said bonds. Sec. 7.05. Lien of taxes. All taxes shall be a lien against the property upon which they are levied or assessed from the first day of January of the year in which such levy and assessment is made and shall be due and payable on the first day of November in such year or as soon thereafter as the assessment roll may come into the hands of the collector. Unless such taxes are paid on or before the first day of the following April, the property against which the same are a lien may be sold for such taxes. Sec. 7.06. Reserved. ARTICLE VIII. STREETS Sec. 8.01. Town created an independent road district. The territory contained within the corporate limits of Highland Beach with the exception of State Road A-1-A is hereby declared and constituted to be an independent road • district. Sec. 8.02. Control and supervision of streets, assessments, etc. The commission shall have complete control and supervision of all the streets, roads, and alleys which have been dedicated to the use of the public forever with the exception of State Road A-1-A within the corporate limits of the town and shall by ordinance prescribe the method and manner of keeping up the working of the same, not inconsistent with the laws of the State of Florida. The Town shall have the power of assessment as provided in F.S. ch. 170. Sec. 8.03. Reserved. Sec. 8.04. Reserved. Sec. 8.05. Reserved. Sec. 8.06. Reserved. ARTICLE IX. MISCELLANEOUS Sec. 9.01. General laws applicable. All general laws of the state which are not in conflict with the provisions of this charter • or with the ordinances or resolutions enacted pursuant to the authority conferred by this Charter are applicable to the Town of Highland Beach. • Sec. 9.02. Contract for expenditures limited. Neither the commission nor any officer or employee of said town shall have authority to make any contract involving the expenditure of public money, or impose upon said town any liability to pay money, unless and until a sufficient amount of money shall have been appropriated for the liquidation of all pecuniary liability of said town under such contract or in consequence thereof to mature during the period covered by the appropriation. Such contract shall be ab initio null and void, as to said town for any other or further liability ; p rovided, first, that nothing herein contained shall prevent the commission from p~ovi ing for payment of any expense, the necessity of which is caused by any casualty, accident or unforeseen contingency arising after the passage of the ordinance making such appropriation and second, that the provisions of this section shall not apply to or limit the authority conferred in relation to bonded indebtedness or mss-monies to be collected by special assessment for local improvements. Sec. 9.03. Limitation on legal action against town, notice of action. No suit or any cause of action of whatsoever kind or nature against the Town of Highland Beach shall be instituted except in conformance with F.S. ° 768.28 as amended. Sec. 9.04. Reserved. Sec. 9.05. Savings clause. • If any section, subsection, sentence, clause, phrase or word of this charter is for any reason held or declared to be unconstitutional, invalid, inoperative, ineffective, inapplicable or void, such invalidity or unconstitutionality shall not be construed to effect the portions of this act not so held to be unconstitutional, void, invalid, ineffective or affect the application of this act to other circumstances and not so held to be invalid. Sec. 9.06. Evidence of notice. The certificate of the clerk under the seal of the town as to the publication or posting of any notice required under or provided for by this act shall be conclusive evidence as to such publication or posting. Sec. 9.07. Legal rights. If a person, firm, or corporation has by actions in reliance on prior regulations, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to its interests, then nothing in this Chapter authorizes any government agency to abridge those rights. Nothing in this Charter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation in violation of the State of Florida or of the United States. ARTICLE X. INITIATIVE, REFERENDUM AND RECALL • Sec. 10.01. Initiative, referendum and recall. The voters of the town shall have the powers of initiative, referendum and recall, as set • out in F.S. ° 100.361. ARTICLE XI. REVIEW OF CHARTER Sec. 11.01. Review of charter. A provision is hereby provided for the Town Commission to appoint a Charter Review Board every ten (10) years to review the Charter. Note: Sections will be renumbered after reserved sections are deleted. • •