2001.10.02_CRB_Minutes_RegularTOWN OF HIGHLAND BEACH
• CHARTER REVIEW BOARD
MEETING MINUTES
•
October 2 2001 10:00 a.m.
Chairman Arlin G. Voress opened the meeting at 10:00 am in Town Commission
Chambers. In attendance were Chairman Voress, Vice-Chair James F. Niehoff, Leonard
D. Bell, Neil W. Burd, Doris M. Trinley and Joseph S. Yucht. Miriam S. Zwick was
absent. Also in attendance was Mayor Reid and Commissioner Scala-Pistone.
NEW BUSINESS
The Board proceeded to review Article II of the Town's Current Charter. Recommended
changes are attached hereto and made a part of these minutes.
The next meeting has been scheduled for November 16, 2001 at 9:30 a.m. The Town
Commission and Town Attorney will be invited to attend subject meeting.
With no further business to come before the Board, MOTION to adjourn was made by
VICE CHAIR NIEHOFF/MR. BELL at 12:00 p.m.
ADJOURN:
Arlin G. Voress, Ch.
James F. Niehoff, V.Ch. ~ -
Leonard D. Bell
`~ ,. ,
Neil W. Burd ~
Dori:
Jose
Miria
Atte:
Date
•
Article II
•
Sec. 2.01 No change
Sec. 2.01 1 No change
Sec. 2.01 2 Delete -change numbers 3 - 11 to 2 - 10
Sec. 2.01 2,3, No change
Sec. 2.01 4 3 Add after Health. "Safety and General Welfare"
Sec. 2.01 5,6,7 Doris to research -are there fines on these items
Sec. 2.01 7 6 Add after Fills: "In accordance with all applicable laws"
Sec. 2.01 8 7 No change
Sec. 2.01 9 8 No change
Sec. 2.01 10 9 To read "Fire and Rescue Protection. To provide for "emergency
rescue and for" the .....establish fire "rescue" departments.
Sec. 2.01 10 11 No change
Sec. 2.01 11 New Section to read: "Cable and Telecommunications. To provide
for and regulate cable, telecommunications and electronic services
within or beyond the boundaries of the municipality".
Sec. 2.01 12 No change
Sec. 2.01 13 Add "and repair" at the construction "and repair" of water .....
Sec. 2.01 14 Delete
Change 2.01 15 - 25 to 14 - 24
Sec. 2.01 1514 After transportation purposes, add "in accordance with all
applicable laws to construct"
• Sec. 2.01 16 15 After buildings necessary add "or advisable" for the use ....
Sec. 2.01 17-21 16-20 No change
Sec. 2.01 22 21 Change inflammable to "flammable"
Sec. 2.01 23-24 22-23 No change
Sec. 2.01 25 24 Possible remove vagrants and of...(have Tom Sliney check definition
of vagrants
Sec. 2.01 26 & 27 Delete
Sec. 2.01 28-35 Change numbers to 25 - 32
Sec. 2.01 36 Delete
Sec. 2.01 37-41 change numbers to 33 - 37
Delete after 41, (Ord. No. 673, 10-6-98
•
• ARTICLE II. MUNICIPAL POWERS
Sec. 2.01. Enumeration of powers.
The Town of Highland Beach by and through its town commission shall have all
governmental, corporate, and proprietary powers needed to enable it to conduct
municipal government, perform municipal functions and render municipal services, and
may exercise any power for municipal purposes except when expressly prohibited by
law. The Town of Highland Beach shall be deemed a home rule municipality and shall
exercise all powers provided by the Municipal Home Rule Powers Act, F.S. ch. 166, and
any amendments thereto. In furtherance thereof, the town commission shall have the
power by ordinance to enact legislation in the following enumerated areas. The following
enumeration, however, is illustrative and is not deemed exclusive and shall not limit the
enactment of ordinances in areas not specifically enumerated herein:
(1) Taxes. To raise, by taxation and licenses authorized by the constitution or general
law, and by user charges or fees, authorized by ordinance, amounts of money which are
necessary for the conduct of municipal government, and to enforce their receipt and
collection in the manner prescribed by ordinance not inconsistent with the law.
~?) ..==°~ved•: DELETE
-f3~(2) Appropriations. To appropriate money for the payment of debts and expenses of
• the Town.
f~(3) Health, safety and general welfare. To make rules and regulations to secure the
general health of the inhabitants.
f5~(4) Public facilities. To establish hospitals, jails, houses of detention and correction
and to make regulations for the government thereof.
-f6j~5) Nuisances. To make rules and regulations to prevent and remove nuisances,
whether affecting the health or morals of the community or otherwise wrongful.
-{~j{6) Fills, in accordance with all applicable laws to fill. To fill in all low ground in
the town and to compel owners of low ground in the town to fill the same up to an
established grade so as to prevent the breeding of mosquitoes and sand gnats,
or the spread of disease.
-f8~(7) Land clearance. To compel owners of land or riparian rights within the town to
remove therefrom all brush, weeds, obnoxious growth of any kind, filth, garbage, trash,
debris, decayed buildings, ruins of any kind and buildings or docks in a falling or
dangerous condition.
-f9~(8) Public water. To provide the town with a supply of water for public purposes and
• to sell the same at fees provided by ordinance, by waterworks to be within or beyond the
boundaries of the town, and for the purpose to acquire, build, construct or lease or
permit others to acquire, build, construct or lease waterworks and a water system, and/or
• water mains and water pipe lines, and to dig and/or drill artesian wells. In order to
finance and install water mains and water pipe lines within the town, the town may
assess the entire cost of the construction of said water mains against the abutting
property benefited by said water main in proportion to the frontage thereon.
-(~A)(9)Fire and rescue protection. To provide for emergency rescue and for the
prevention and extinguishment of fires and to organize and establish fire rescue
departments.
-F~}(10)Gas and electricity. To provide for the lighting of the town by electricity, gas or
other illuminating material and to sell gas or electricity to others for profit, within or
beyond the boundaries of the municipality.
11) New section to read: Cable and telecommunications. To provide for and
regulate cable,.telecommunications and electronic services within or beyond the
boundaries of the municiipality.
(12) Streets, sewers, etc. To authorize and make appropriation to construct, alter,
open, extend, abolish, widen, establish, grade, pave or otherwise improve, clean and
keep in repair streets, alleys and sidewalks and to erect and keep in repair bridges,
culverts, sewers, drains, and gutters.
• (13) Mains, pipe lines; assessments. To construct and provide for the construction and
repair of water mains and/or water pipe lines, and to assess the cost of the construction
of said water mains and/or water pipe lines, against the abutting property benefited
thereby on a proportionate front foot basis.
~: Delete
-{-'F5~(14)Drainage. To construct and to provide for the construction, operation and
maintenance of canals and ditches for drainage, irrigation and transportation purposes
in accordance with all applicable laws to construct. To prohibit any property owner
or any other persons from disturbing the natural ground condition in a manner that could
cause additional rain or surface water to drain from said property onto any public street
or highway.
--(~6~(15)Lights and public buildings. To make appropriations for lighting the streets and
public buildings and for the erection and maintenance of all buildings necessary or
advisable for the use of the town.
-{-a-7}(16)Peddlers, auctioneers, tavernkeepers, etc. To license, tax and regulate peddlers,
auctioneers, tavernkeepers, and all other similar activities.
-{~~(17)Vehicles for hire. To license, tax and regulate all vehicles for hire, and to fix the
rate to be charged for the carriage of persons and property within the town limits.
-(-~9)(18)License taxes. To regulate and license any theatrical or other exhibition, show,
• circus, parade, athletic or other amusement; and to license and tax any other business,
occupation or profession, without regard to the amount of state license tax and without
regard to whether the state shall license the same or not, and to revoke such license or
licenses for failure to comply with this provision or other provisions of the town charter
or with any town ordinance.
-~2~(19)Disorderly houses; obscenity; gambling. To prohibit and suppress gambling
houses, bawdy houses and disorderly houses and any show, circus, exhibition or any
amusement contrary to good morals.
-{~-'~}(20)Noises, water and land pollution. To regulate, restrain and prevent the carrying
on of manufactories of a nature tending to increase or produce loud or offensive noises
and to restrain any person or corporation from polluting the soil, streets, sewers, air or
bodies of water within the town limits.
-(~-2~(21)Explosives. To license or prohibit the sale of firearms; to regulate the storage of
tar, pitch, rosin, saltpeter, guncotton, kerosene, gasoline, oils and all other combustibles,
explosives and.~~e flammable material.
-{~3}(22)Fireworks. To regulate or suppress the sale of fireworks, toys, pistols or guns,
slingshots and similar articles.
• -{~4~(23)Markets and foods. To regulate markets to provide for and regulate the
inspection and vending of all food products, and other articles of merchandise, including
oil and gasoline.
--{~(24)Disorderly persons and assemblies. To provide for the arrest, imprisonment
and/or punishment of all vagrants and of riotous and disorderly persons and all breakers
of the peace within the town, by day or by night, by warrant or otherwise. To disperse
all disorderly assemblies at any time. NOTE: possibly remove vagrants and of Tom
Sliney check definition of vagrants.
-{fig}---~ese~ed. Delete
-f2~}--#~ese~ued, Delete
-{~25)Hazardous property. To impose penalties on the owners, occupants, or agents
of any house, walk or sidewalk or other structure or place or thing which may be
dangerous or detrimental to persons or property.
-{~26)Police; penalties. To provide for the organization and maintenance of a police
force, and to impose fines, forfeitures and penalties and terms of imprisonment for a
breach of a town ordinance, but no penalty shall exceed an amount generally provided
• by state law for the same or similar offense and no term of imprisonment shall exceed
a term generally provided by state law for the same or similar offense.
-{~(27)Offenses. To have and exercise jurisdiction over the commission of all offenses
. against the public health, decency or morals within said town.
--~3~-}(28)Town manager. To provide by resolution for the appointment of a town manager
and to prescribe duties and fix compensation. The town manager shall serve at the
pleasure of the town commission and may be terminated by the affirmative vote of not
less than three (3) members of the town commission.
-E3~(29)Buildings; ire limits and hazards. To designate and establish, from time to time,
fire limits, within which designated types of structures and buildings shall not be erected,
constructed, moved, added to or enlarged, or repaired except to such extent and in such
manner as may be provided by ordinance, and within which all future buildings shall be
constructed wholly, or in such part as may be required, or designated and approved
fireproof or fire-resisting materials, and in accordance with such safety regulations as
may be prescribed, to regulate the size, character, material, and other details of
construction of buildings, fences and other structures, which may hereafter be erected
in said town, in such manner and convenience as the public safety and convenience may
require; and to provide for the removal or destruction of any building, structure or
addition thereto, which by reason of dilapidation, defect of structure, or any other hazard
may have become dangerous to life or property, or which may be newly erected contrary
to law.
-(~.}(30)Zoning. To adopt by ordinance in the interest of the public health, safety, order,
• convenience, comfort, prosperity or general welfare, a plan or plans for the districting or
zoning of the town for the purpose of regulating the location of trades, apartment houses,
dwellings or other uses of property or for the purpose of regulating the height of buildings
or other structures or in the area or dimensions of lots or yards in connection with
buildings or other structures, or for the purpose of regulating the alignments of buildings
or structures near street frontages. The town in developing zoning plans or in regulating
zoning may also take into consideration aesthetic factors, population control and the
quality of life that will result from the zoning plans or zoning regulations.
The zoning regulations may be based upon any one or more of the purposes above
described. The town may be divided into such number of zones or districts and such
districts may be of such shape and area as shall be best suited to accomplish the
purposes of the zoning regulations. In the determination and establishment of districts
and regulations, classifications may be used on the nature or character of the trade
industry, profession or other activity conducted or to be conducted upon the premises,
the number of persons, families or other group units to reside in or use buildings, the
public, quasi-public or private nature of the use of the premises or upon any other basis
relevant to the promotion of the public health, safety, order, morals, convenience,
prosperity or welfare.
-{3r4}(31)Eminent domain. To acquire appropriate private grounds, in manner and form
provided by law or by condemnation for widening streets or parts thereof, or for
• extending the same or for laying out or extending of new streets, avenues, squares,
sewers, or drains, when the public convenience may require it, or for the construction
and maintenance thereon of any municipal plants, works or for any other necessary
• public purpose.
-(~(32)Littering prohibited. To prohibit the dumping of filth, dirt, garbage, shells, trash,
refuse or other things in any body of water within the town limits, or any body of water
adjacent to or adjoining the town limits, or on or upon any lot, tract, or parcel of public
or private land, or on or upon any public street, highway or road-of-way within the town.
( measures. To provide for the punishment of an or
corporation that shall sell or y or thing by weight or
measure, and shall c aser a smaller qua ideration paid
a agreed upon between the seller and the purchaser. Delete entire #36
f3~(33)Corporate seal. To adopt, use and change the corporate seal of the town, only
as authorized by the Town Commission.
-{-3~(34)House trailers, boats, and boat trailers. To regulate, restrict and/or prohibit the
parking of any automobile trailers, boats, and campers in which sleeping
accommodations are used or provided, within the limits of the town, and to regulate,
restrict and/or prohibit the establishment of automobile trailer parks, courts or lots within
the town.
-(-~9)(35)Beaches. To regulate, restrict and prohibit the trespassing by any person over
i and along the private ocean front beaches within the limits of the town.
-(49~{36)Codification of ordinances. To codify its ordinances into a "Code of Ordinances
of the Town of Highland Beach" and by a single ordinance to adopt such "Code of
Ordinances of the Town of Highland Beach" as a complete ordinance of the town.
1{4~-}(37)Funding limitation. Any single project or cumulation of projects, or extension of
Town services requiring an allocation of more than $350,000.00 in any given fiscal year
shall not be funded until the purposes and amounts of such allocations shall first have
been approved by the majority of votes cast in an election of qualified electors residing
within the town. Exceptions to this would be an act of God/disaster as defined by
Webster "a sudden and extraordinary misfortune, unforeseen mischance bringing with
it the destruction of life and property," as well as Litigation Settlement. Such election
shall only be held between November 01 of a given year through April 01 of the following
year.
lete
•