Ord. 15-07 – Not Passed

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[ Code of Ordinances ]
Ord. 15-07 – Not Passed

ORDINANCE NO. 15-07

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO TOWN BOARD MEMBERSHIP; AMENDING SECTION 4.04, TOWN CHARTER; MAKING FINDINGS; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE; AMENDING THE TOWN CHARTER BY PERMITTING NON-TOWN RESIDENTS TO SERVE ON CERTAIN TOWN BOARDS; CLARIFYING THAT CERTAIN TOWN BOARDS MAY TAKEN FINAL ACTION ON ISSUES; PROVIDING FOR IMPLEMENTATION BY RESOLUTION OR ORDINANCE; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town has created boards which take final action on issues and has done so pursuant to its Charter or home rule powers or as required by Florida law;
WHEREAS, examples include the Code Enforcement Board, the Board of Adjustment, and the Civil Service Board;
WHEREAS, The Town Charter provides that the Town Council may establish advisory boards, and the Town Council finds it in the best interest of the Town to update and clarify the Charter to provide that the Town may also create boards which will take final action on issues, as well as advisory boards;
WHEREAS, the Charter indicates that all members of advisory board must be Town residents;
WHEREAS, this is inconsistent with Florida law, which specifically provides that some boards may have non-Town residents as members of the board;
WHEREAS, by restricting board membership to only Town residents, most Town business owners and operators within the Town could never serve the community on Town boards;
WHEREAS, Town business operators and owners are an integral and important part of the fabric of the community and should have an opportunity to participate in the betterment and improvement of the Town;
WHEREAS, the Town Council finds that certain boards, such as land development, planning, board of adjustment, civil service, and code enforcement, should be composed of only Town residents, and that the Charter should so stipulate;
WHEREAS, pursuant to its home rule powers in Article VIII, Section 2, Florida Constitution of 1968 and Chapter 166, Florida Statutes; Sections 166.021 and 166.031, Florida Statutes, and the Town’s Charter, the Town Council hereby adopts this Ordinance, subject to approval by the Town electorate.
BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA:
SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be held concurrent with the general Town election on the 3rd day of November, 2015, to determine whether the amendment to the Charter of the Town of Indialantic, Florida, appearing in Section 2. hereof shall be approved by a majority of the votes cast in such election in which the qualified electors of the Town shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all elections. The places for voting in such referendum election shall be such locations as shall be otherwise established for the general election to elect the Council Members on November 3, 2015. All duly qualified electors of the Town of Indialantic shall be entitled to participate in said election.
SECTION 2. Amendment to Charter. In interpreting the amendment in this Section, language that is underlined is an addition to the existing text of the Town Charter. Language that is stricken through is a deletion from the existing text of the Town Charter. It is proposed that Section 4.04 of the Town Charter of the Town of Indialantic, Florida, shall be amended to read as follows:
Sec. 4.04. Advisory Boards boards and committees.
The Town Council may establish advisory boards and committees of citizens to take final action or make recommendations concerning beautification beautifications, economic development developments, parks, recreation and other subjects, areas as the Town Council deems advisable or as may be prescribed by state or federal law. Members of boards whose responsibilities involve comprehensive land planning, land development, board of adjustment (if any), civil service, or code enforcement, shall be residents of the Town, except as may be otherwise provided by state or federal law. Members of other boards whose responsibilities involve other than comprehensive land planning, land development, boards of adjustment, civil service, or code enforcement may include non-residents, as deemed advisable by the Town Council, or as otherwise required by law. This provision may be implemented by ordinance or resolution adopted by the Town Council.
SECTION 3. Ballot Question. Concurrent with the Town General Election scheduled for November 3, 2015, the following question shall be placed on the ballot following the placement on the ballot of candidates for the office of Council Member, if any. The issue shall be worded substantially as follows:
No. 1
INDIALANTIC TOWN CHARTER AMENDMENT
SECTION 4.04, TOWN CHARTER
TOWN BOARD MEMBERSHIP
The Town Charter requires that Town Board Members must be Town residents, shall be advisory, making recommendations relating to various areas. This Charter amendment provides that certain boards may take final action and that board members of planning, land development, civil service, or code enforcement boards must be residents of the Town, except as otherwise prescribed by state or federal law. Members of other boards may include non-residents.

YES (for approval) ______
NO (for rejection) ______
SECTION 4. Coordination with Supervisor of Elections. The Town Clerk is hereby authorized and directed to coordinate with the Supervisor of Elections of Brevard County to include the above-described question on the ballot concurrent with the general election to be held on November 3, 2015.
SECTION 5. Severability Clause. In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

SECTION 6. Effective Date.
(a) Section 2. of this Ordinance shall become effective only if a majority of the registered electors of the Town of Indialantic, Florida, casting votes at the municipal election on November 3, 2015, on Town Charter Question No. 1 approve the amendment set forth in Section 2. of this Ordinance. If the amendment is approved by the registered electors, the Charter amendment embodied herein shall be immediately effective and shall be incorporated into the Town Charter. The Town Clerk is directed upon adoption of Section 2. Of the Ordinance to promptly file the Charter with said amendment incorporated therein with the State of Florida, Secretary of State, as required by Section 166.031, Florida Statutes.
(b) Sections 1., 3., 4., 5., and 6. of this Ordinance shall become effective upon adoption of this Ordinance.
PASSED by the Town Council of the Town of Indialantic on first reading on the 8th day of July, 2015, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the 12th day of August, 2015.

TOWN OF INDIALANTIC, FLORIDA

By:_________________________
David Berkman, its Mayor

ATTEST:_______________________
Laura Eaton, Town Clerk