2001.09.24_CRB_Minutes_Regular.~
TOWN OF HIGHLAND BEACH
• CHARTER REVIEW BOARD
MEETING MINUTES
September 24. 2001 1000 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.
APPROVAL OF MINUTES
Upon MOTION by VICE-CHAIR NIEHOFF/MS. TRINLEY the minutes of the August 10,
2001 meeting were unanimously approved.
NEW BUSINESS
Mayor Reid stated that at the Town Commission meeting on September 25, he will ask
the Commission to review subject Charter and respond to him with suggestions for items
to address. He will then have a full report to present to the Board.
Board members offered their recommendations of items to be addressed.
• The Board proceeded to review Article I of the Charter, with recommended changes
attached hereto and made a part of these minutes.
The next meeting has been scheduled for October 2, 2001 at 10:00 a.m.
With no further business to come before the Board, MOTION to adjourn was made by
MR. BURDNICE CHAIR NIEHOFF at 12:10 p.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
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Attest:. L~ 2
• Date: vu ~, ~vo
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TOWN OF HIGHLAND BEACH
REVIEW OF TOWN CHARTER
Article I
Sec. 1.01 no change
Sec. 1.02 no change
Sec. 1.03 delete 1 [1.02] (two within para)
change to "1.01 and 1.02" for both
Sec. 1.04 delete "within said additional territory above described"
change to "described in Sections 1.01 and 1.02."
Sec. 1.05 add after waterworks, "and cable and other telecommunication
services for public service to be sold for profit".
Sec. 1.06 1 no change
Sec. 1.06 2 3 Will be discussed with Town Commission at November meeting
Sec. 1.06 add a new number "4 Recall" and text.
Sec. 1.06 4-8 Change numbers to 5-9
Sec. 1.06 4 5 Add at end "One appointed, Town Clerk shall report to Town
Manager"
Sec. 1.06 5 6 Change within section to 1.06(7)
Sec. 1.06 7 8 Delete twenty-four (24) hours -Change to seven (7) days
Sec. 1.06 9 delete
Sec. 1.06 12 Doris to research
Sec. 1.07 delete adjourn. Change to "meet and then adjourn for the record"
Sec. 1.08 no change
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PART I CHARTER*
• *Editor's note--Printed herein is the reinstated Charter of the Town of Highland Beach,
Florida, as adopted by Ord. No. 636 on Oct. 5, 1993. Subsequent amendments will be
denoted by history notation following a particular amended section. The Charter
Comparative Table following the Charter shows the disposition of amendatory legislation.
ARTICLE I. GENERAL PROVISIONS
Sec. 1.01. Town established; corporate limits.
A municipal corporation to be known as the Town of Highland Beach, is hereby created
and established in Palm Beach County, Florida, and the territorial limits of said
municipality shall be as follows:
Beginning at the Southeast corner of Lot Twenty-One (21) of Byrd Beach Subdivision in
Section 28, Township 46 South, Range 43 East, according to a plat of said Subdivision
on file in Plat Book 20, at Page 1, of the public records of Palm Beach County, Florida;
run thence West along the South line of said Lot 21 and Lot 21-A of said Byrd Beach
Subdivision to a point where the South line of said Lots extended intersects the center
line of the right-of--way of Intra-Coastal Waterways Canal; run thence Southerly along the
center line of said right-of-way of Intra-Coastal Waterways Canal to a point where the
North line of Lot Forty (40) of a Subdivision of the South half (S 1/2) of Government Lots
1 and 4 in Section 9, Township 47 South of Range 43 East, according to a plat of said
subdivision on file in Plat Book 9, Page 29, of the public records of Palm Beach County,
• Florida, extended intersects said center line of said Canal right-of-way; run thence East
along the North line extended of said Lot 40, of said Subdivision, to a point where said
North Line of said Lot 40 extended intersects the waters of the Atlantic Ocean; run
thence Northerly along the waters' edge of the Atlantic Ocean, at low tide, to the point
of beginning, the same being the Southeast corner of said Lot 21 of Byrd Beach
Subdivision.
Any additional property lying adjacent to the boundaries above described in this section
of this Act, or as the boundaries may from time to time be fixed, and consisting of land
subdivided and platted into lots and/or blocks, or parcels other than lots or blocks, may
be annexed to and included within the legal corporate limits of the Town of Highland
Beach aforesaid, by and with the consent of the Town Commission of the Town of
Highland Beach, upon application being made to the Town Commission, in writing, and
signed by a majority of the record owners of the property which is proposed to be
annexed, by ordinance of the town.
The territorial limits of said town as above set forth may also be extended at any time
or time(s) in accordance with the provisions of F.S. ch. 171, or such other General Acts
of the Legislature of the State of Florida as may be hereafter enacted with respect to the
extension of the territorial limits of municipalities of the State of Florida.
•
Sec. 1.02. Corporate limits extended.
• That the present corporate limits of the Town of Highland Beach, in the County of Palm
Beach and State of Florida, be, and the same are, hereby extended and enlarged so as
to include and so that said town shall embrace and have jurisdiction over, in addition to
the territory within its corporate limits, the following described lands and territory situate
in the County of Palm Beach, State of Florida, to wit:
Lots 1, 1 A, 2, 2A, 3, 3A, 4, 4A, 5, 5A, 6, 6A, 7, 7A, 8, 8A, 9, 9A, 10, 10A, 11, 11 A, 12,
12A, 13, 13A, 14, 14A, 15, 15A, 16, 16A, 17, 17A, 18, 18A, 19, 19A, 20, 20A, 21 and
21A, BYRD BEACH, according to the Plat thereof, recorded in Plat Book 20, at Page 1,
of the public records of Palm Beach County, Florida.
Sec. 1.03. Same--Municipal authority vested.
That said Town of Highland Beach shall have all the powers, authority and jurisdiction
over and within the territory described in-Jection-4~9-8ZrSections 1.01 and 1.02 hereof,
and of the inhabitants thereof, and the property located therein, as it now has over and
within its present corporate limits, and all of the ordinances of said Town of Highland
Beach shall apply to and have the same force and effect in all the territory described in
-Section-`Ff9-8g] Sections 1.01 and 1.02 of this act as if all such territory had been part
of said Town of Highland Beach at the time of passage and approval of such laws and
ordinances.
Sec. 1.04. Same--Privileges and liabilities of laws annexed.
That all of the property, real and personal,
• described in Sections 1.01 and 1.02 and the inhabitants thereof
shall be subject to the government, jurisdictions, powers, franchises, duties, and
privileges of the Town of Highland Beach, and the said property shall be liable
proportionately for all of the present outstanding and existing, as well as future,
indebtedness of said Town of Highland Beach.
Sec. 1.05. Corporate authority in general.
The Town of Highland Beach, a municipal corporation, shall possess and shall have
whatever governmental, corporate and proprietary powers are necessary to enable it to
conduct municipal government, perform municipal functions, and render municipal
services. It may exercise any power for municipal purposes except when expressly
prohibited by law and it can exercise such powers as are granted in expressed words
or those necessary or fairly implied in or incident to the powers as expressly conferred
or essential to the accomplishment of the declared powers and purposes of a municipal
corporation as set forth generally by law as well as those allowed under F.S. ch. 166,
commonly referred to as the "Municipal Home Rule Powers Act."
That said corporation shall have perpetual succession and by the name of the Town of
Highland Beach may sue, be sued and defend, plead and be impleaded in all courts and
places, and in all matters and proceedings; may have and use a common seal and alter
the same at pleasure; may acquire by gift, grant, devise, bequest, purchase or in any
other manner, similar or dissimilar, receive, own, lease, hold, use and enjoy or sell and
. dispose of real and personal property or any interest therein; may take by devise,
bequest, gift, donation or otherwise any property, real or personal, in trust for public,
• charitable or other purposes and do all acts and things necessary or appropriate to
effectuate such trusts, with power to manage, sell, lease or otherwise dispose of said
property in accordance with the terms of said trust; may use any of said real property,
whether within or without the territorial limits of said municipality, for parks, playgrounds,
roads, cemeteries, and the erection, maintenance and operation of municipal buildings,
works and constructions of every character including municipal offices, schools,
courthouses, fire and police stations, hospitals, infirmaries, dispensaries, wharves, docks,
bridges, markets, lighting and power plants and waterworks and cable and other
telecommunication services for public service to be sold for profit to supply light,
power and water for public purposes or to be sold for profit and buildings, works and
constructions for all other purposes that said municipality through its commission may
deem necessary or proper for the welfare of said municipality or the inhabitants thereof,
and may exercise all other powers herein conferred.
Upon adoption of any amendment to the charter of the municipality by either referendum
or administrative ordinance the governing body of said municipality shall have the
amendment incorporated into the charter and shall file the revised charter with the
department of state, at which time the revised charter shall take effect.
Sec. 1.06. Town commission created; election; terms; town clerk; qualifications of
electors; general election law.
• (1) That the corporate authority of said municipality shall be vested in a commission
created by this Act. Said commission shall be composed of amayor-commissioner, vice
mayor-commissioner and three (3) other commissioners, all of whom are to be elected
at large.
(2) On the second Tuesday in March, 1985, and every two (2) years thereafter, the
qualified electors of the town shall elect amayor-commissioner and two (2) other
commissioners for terms of two (2) years.
On the second Tuesday in March, 1986, and every two (2) years thereafter, the qualified
electors of the town shall elect a vice-mayor-commissioner and one (1) other
commissioner for terms of two (2) years.
(3) No person may serve more than three (3) successive terms as mayor. No person
may serve more than three (3) successive terms as vice mayor. No person may serve
more than three (3) successive terms as Commissioner. The aforesaid term limitations
regarding the offices of Mayor, Vice Mayor and Commissioner shall not include any
appointments by the governing body to fill unexpired terms.
Section 1.06 (2)(3) deferred until November meeting to confer with Town
Commission and Town Attorney.
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(4) Recall. -n-2 ~ ~'c:.-~~~
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Any member of the town commission may be
removed from office by the electors of the town.
The procedure in a recall petition shall be identi-
cal with that for an initiatory or referendary
petition, except that:
(1) The petition shall state the reason for the
recall.
(2) The town clerk shall approve the form of
the petition.
(3) The person or persons circulating the pe-
tition must obtain signatures of electors
of the town in the numbers required in
F.S. Section 100.361(1)(a).
(4) All signatures shall be obtained within a
period of thirty (30) days, and the petition
shall be filed with the town clerk within
thirty (30) days after the date the first
signature is obtained on the petition. The
city clerk shall canvass and certify the
petition and shall submit it to the county
supervisor of elections within twenty (20)
days.
(5) If the person designated in the petition
T pw~ files with the clerk, within five (5)
days after notice of such petition by the
clerk, his written resignation, the clerk
shall at once notify the commission of that
fact, and the resignation shall be irrevo-
cable. The commission shall then proceed
to fill the vacancy according to the provi-
sions of the appropriate law. In the ab-
sence of a resignation, the chief judge of
the judicial circuit in which the town is
located shall fix a day for holding a recall
election for the removal of those not re-
signing. Any such election shall be held
not less than thirty (30) days or more than
sixty (60) days after the expiration of the
five-day period last-mentioned and at the
same time as any other general or special
election held within the period; but if no
such election is to be held within that
period, the judge shall call a special recall
election to be held within such period.
(6) The question of recall shall be placed on
the ballot in a manner that will give the
elector a clear choice for or against the
recall. The result shall be determined by a
majority vote of the electors voting on the
question.
(?) If the majority is against recall the officer
shall continue in office under the terms of
his previous election. If the majority is for
recall he shall, regardless of any defect in
the recall petition, be deemed removed
from office immediately.
(8) No recall petition against such an officer
shall be certified within six (6) months
after he takes office nor within one year
after a recall petition against him is de-
feated.
(9) A vacancy created by recall shall be filled.
(Code 2972, $ 8-32)
State law reference-Municipal recall, F.3. ~ 100.361.
X4)(5) The commission shall designate by resolution some qualified person to serve as
• town clerk. Once appointed, the Town Clerk shall report to the Town Manager.
-{5-)(6) To be eligible for election or appointment as commissioner (including offices of
mayor and vice-mayor) a person must be a citizen of the United States. Additionally, a
person to be eligible for election or appointment as commissioner (including offices of
mayor and vice-mayor) must be both domiciled within the corporate limits of the Town
of Highland Beach, State of Florida and a qualified elector of the Town of Highland
Beach, State of Florida registered in Precinct 191 or such other precinct as may be
established from time to time within the Town of Highland Beach, State of Florida for a
period of not less than one (1) year immediately preceding the beginning of the
qualification period, for candidates for commission as set forth in section 1.060(7) of
the Town Charter, or one (1) year immediately preceding the effective date of any
appointment as commissioner, and shall retain such qualifications during their tenure and
occupancy of said office.
-{6~(7) In order to qualify as a candidate for commissioner, the candidates shall file with
the town clerk such papers and pay such fees as may be required by law, no earlier than
noon on the last Tuesday in January nor later than noon on the second Tuesday in
February of the calendar year in which the election is to be held.
~/ -(~)(8) Within seven (7) days after any election or referendum,
the commission shall meet and publicly canvass the returns and certify the results.
{-Sj(9) Commissioners shall take office immediately upon certification of the election
results and shall remain in office until the election and certification of their successors.
--(9}(9~}-[~esew~cf.] Delete
(10) Any person who has qualified and is an elector of the State of Florida and who
registers in the procedural manner prescribed by general law, and who has resided
within the territorial limits of the Town of Highland Beach for a period of thirty (30) days
preceding an election shall be a qualified elector of the municipality and shall be entitled
to vote in any municipal election of said town.
(11) The provisions of F.S. ch. 101, and any amendments thereto, providing for the
casting of absentee ballots shall apply to any general, special or primary election, or
referendum in which any qualified elector may vote.
(12) In case of vacancy in the commission, the remaining commissioners within thirty
(30) days after the beginning of such vacancy, shall by resolution fill such vacancy or
vacancies by appointment until the next regular general election. Doris to research.
Sec. 1.07. Rules of procedure; quorum; meetings.
• The commission may enact rules of procedure and may prescribe penalties for the
non-attendance or disorderly conduct of its members and enforce the same. A majority
of the members of the commission shall be necessary to constitute a quorum for the
• transaction of business, but a smaller number must-edjee~;~neet and then adjourn for
the record and under the provisions of ordinances or rules of procedure may compel the
attendance of absent members by imposition of fines and penalties. The commission
shall hold at least one (1) regular meeting each month in such building as shall be
designated by it as the town hall, at a fixed day and hour.
Sec. 1.08. Oath of office.
Each commissioner, before entering upon the discharge of the duties of his or her office,
shall take and subscribe the following oath before some judicial officer of the state, viz:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution
and Government of the United States and of the State of Florida against all enemies,
domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same, and
I am entitled to hold office under the Constitution of the United States and the
Constitution of the State of Florida, and that I will faithfully perform all the duties of the
office of on which I am about to enter, so help me God."
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