2012.06.28_CRB_Minutes_Regular''* 16 N l 4
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TOWN OF HIGHLAND BEACH
MINUTES OF THE
CHARTER REVIEW BOARD
Wednesday, June 28, 2012 2.00 PM
Members Present: Chair Ronald Clark, Member Eugene Engelhardt, Member Ruth
Samuels, Member David Stern, and Member Rosalind Svenstrup. Also present: Town
Attorney Glen Torcivia; Town Manager Kathleen Weiser, Town Clerk Beverly Brown;
Mayor Bernard Featherman; Vice Mayor Ron Brown; Commissioner Dennis Sheridan,
Commissioner Lou Stern and members of the public.
1. CALL TO ORDER:
Chair Clark called the Regular Meeting to order at 2:00 PM in the Town Hall Conference
Room followed by the roll call.
2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Chairman Clark asked for any additions or deletions to the agenda. Receiving none,
called for a motion to accept the agenda as presented.
MOTION: Member Samuel moved to accept the agenda as presented. Member Stern
seconded the motion, which passed unanimously.
3. PUBLIC COMMENTS AND REQUESTS:
Mayor Featherman stated he had asked the Chairman to speak to this Board as he
thought his representative would not be present. Since Member Englehardt in
attendance, he would represent the Mayors' views.
4. PRESENTATIONS:
None.
5. APPROVAL OF MINUTES:
Member Samuels stated on page 5 with her comments, minutes should read "contracts
written uniformly."
Charter Review Board Regular Meeting Minutes
Wednesday, June 28, 2012 Page 2 of 5
MOTION: Member Stern moved to accept the minutes of June 8, 2012 as amended;
seconded by Member Engelhardt.
A voice vote taken with all in favor.
6. OLD BUISNESS
Town Attorney Torcivia reviewed with the Board all changes made to date.
Article I — General Provisions
Section 1.01— None
Section 1.02 —None
Section 1.03 - None
Section 1.04 - None
Section 1.05 - Second paragraph —
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 in accordance with law and section 9.06 of
this charter; may have and
Section 1.06 - (3)
(3) No person may serve more than two (2) successive elected full terms as Mayor. No
person may serve more than two (2) successive elected full terms or not, as Vice Mayor.
No person may serve more than two (2) successive elected be full terms or not, 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. The offices of Mayor, Vice Mayor and Commission member shall be
considered separate offices for the purpose of consecutive term limits set forth in this
section. For transition purposes, the current Town Commission members, including the
Mayor and Vice Mayor, who have not served three (3) consecutive terms as of March,
2007 shall have their current terms extended by one (1) additional year. (Removed
"whether they be")
(4) The Commission shall designate by resolution a qualified person to serve as Town
Clerk. Once employed, the Town Clerk shall report to the Town Manager, in accordance
with Section 4.01 of this charter.
(5) and a qualified elector of the Town of Highland Beach, State of Florida registered in
Precincts as established by the Supervisor of Electors 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
Charter Review Board Regular Meeting Minutes
Wednesday, June 28, 2012 Page 3 of 5
(8) Commissioners shall take office immediately upon certification of the election
results by the Commission and shall remain in office until the election and certification
of their successors.
Section 1.07
The Commission should 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.
Article II — Municipal Powers
Section 2.01
(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, overgrowth, filth,
garbage, trash, debris, decayed buildings, ruins of any kind and buildings or docks in a
falling or dangerous condition.
(11) Cable and telecommunications. To provide for and regulate cable,
telecommunications and electronic services within or beyond the boundaries of the
municipality. Attorney to research this section for possible removal entirely.
(25) 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, or upon any public or private beach within the Town.
(30) Funding Limitation. (After extensive discussion the following was approved with a
3-2 vote) Any single project or extension of town services requiring an allocation of
more than seven percent (7%) of the Town's total General Fund Budget in any given
fiscal year shall not be funded until the purposes and amounts of such allocations shall
first have been approved by the affirmative vote of four members of the Town
Commission. Any single project, or extension of Town services requiring an allocation of
more than ten percent (10%) of the Town's total annual budget in any given fiscal year
shall not be funded until the purposes and amounts of such allocations shall first have
been approved by all five (5) Commissioners or by the majority of votes cast in an
election of qualified electors residing within the Town. Exceptions to this would be a
natural catastrophe defined as a sudden and extraordinary misfortune, unforeseen
mischance bringing with it the destruction of life and/or property, as well as litigation
settlement. Such election shall only be held between November 1 of a given year
through April 1 of the following year.
Charter Review Board Regular Meeting Minutes
Wednesday, June 28, 2012 Paae 4 of 5
MOTION: Member Stern moved to forward changes made in Article I and Article II to
the Town Commission; seconded by Member Engelhardt.
ROLL CALL:
Member Stern -
Yes
Member Engelhardt -
Yes
Member Samuels -
Yes
Member Svenstrup -
Yes
Member Clark -
Yes
Motion passed with a 5-0 vote.
7. NEW BUSINESS
ARTICLE III — MUNICIPAL ORGANIZATION AND OFFICERS
Section 3.01- None
Section 3.02 — None
Section 3.03
Remove: Each of the Commissioners shall have a special area of interest as designated
or assigned by the Mayor and be available to the Town Manager in an advisory role
when requested by the Town Manager.
Section 3.04 — Remove entire section.
Section 3.05 — None.
Section 3.06 — None
Section 3.07 — None
Section 3.08 — None
ARTICLE IV — SUSPENSON AND DISCHARGE OF PERSONNEL; POLICE
POWERS
Section 4.01 — None
Section 4.02 —
Change last sentence to read: Until action by the Town Commission is taken, the
Mayor shall designate an interim Manager.
Section 4.03 — None
Section 4.04 - None
Charter Review Board Regular Meeting Minutes
Wednesday, June 28, 2012 Page 5 of 5
Member Svenstrup left at 3:40 PM.
MEETING SCHEDULE:
Consensus was to schedule the next meeting on Tuesday, July 11, 2012 at 10:00 AM.
8. ADJOURNMENT:
Upon a motion made by Member Stern and seconded by Member Engelhardt,
the meeting was adjourned at 3:55 PM.
APPROVED:'"Y
Ronald Clark. Chairman
Engelhardt, Member
Stern, Member
Rosalind Svenstrup, Member
ATTESTED:
Beverly M. rown, MMC
Town Clerk
Date: July 11, 2012