1992.06.04_CRB_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA
CHARTER REVIEW BOARD
REGULAR MEETING
Thursday, June 04, 1992 9 : 00 a .m.
Chairman Ray Murphy called the Regular Meeting of the Charter
Review Board of the Town of Highland Beach, Florida, to order at
9 : 00 a .m. in the Commission Chambers at Town Hall . Also present
were Vice Chairman Betty C . Dodd, Members Leon J. Canova, Robert
L. Lowe, Paul R. Kane, Daniel C. Stump, Betty Goldenson, Leonard
Bell , and Edison Brandt . Member Russell Richardson was absent.
Also in attendance were Town Attorney Thomas E . Sliney, and Town
Clerk Anne M. Kowals . Town Manager Mary Ann Mariano was absent.
A MOTION by MR. STUMP/VICE CHAIRMAN BETTY DODD approving the
Minutes of the May 19 , 1992 , Charter Review Board Meeting as
written received unanimous approval .
A memorandum from Town Manager Mary Ann Mariano to Chairman
Murphy, dated June 02, 1992, was copied and distributed to all
Charter Review Board Members and Town Attorney. Said memorandum,
a copy of which is attached to and made a part of these minutes ,
contained the Town Manager' s comments regarding this June 04,
1992 , Charter Review Board Meeting.
OLD BUSINESS
Unfinished Business
A Charter Review Worksheet, submitted by Chairman Murphy, recom-
mended Article VIII , Section 8 . 01 be readdressed for the purpose
of changing the grammatical wording which will not affect the
meaning of the paragraph which is to be amended to read:
The territory contained within the corporate limits of
Highland Beach, with the exception of State Road A1A, is
hereby declared and constituted to be an independent road
district.
Following brief discussion, VICE CHAIRMAN DODD/MR. CANOVA MOVED to
approve changing the grammatical wording, per Chairman Murphy' s
suggestion, whereby Section 8 . 01 will read as written above. The
MOVE carried without objection.
Following discussion of the Chairman' s recommended change of Sec-
tion 8 . 02 , it was the consensus to leave the wording as amended
Charter Review Board Meeting Minutes
June 04 , 1992
Page 2 of 3
and approved on May 19, 1992, upon unanimous acceptance of a MOVE
proposed by MR. BRANDT/VICE CHAIRMAN DODD.
NEW BUSINESS
Discussion re Article V. Ordinances
Substantial discussion regarding Chairman Murphy' s recommendation
for the addition of a new section under Article V ensued. Follow-
ing a review of the Town Manager ' s comments regarding this matter
( indicated in her memorandum acknowledged earlier in the meeting) ,
a majority of the Members agreed with the Town Manager' s observa-
tions and opted not to include a new section under Article V.
Revisit Article I . Section 1 . 06 ( 3)
The Charter Review Board Members, in an attempt to address the
concerns of Mr. Canova regarding term limitations , once again
engaged in lengthy discussion regarding this issue. The Town
Manager' s written comment regarding this matter was noted. Midway
through the discussion, MR. CANOVA/MR. BRANDT MOVED that paragraph
( 3 ) of Section 1 . 06 of Article I be amended as follows :
No person may serve more than 3 successive terms as Mayor.
No person may serve more than 3 successive terms as Vice
Mayor.
An elected official shall not be eligible for election for a
period of two years from the completion of his/her third
term.
Deliberation resumed and MR. CANOVA withdrew his MOVE . Discussion
continued; a suggestion was made to change the last sentence of
the earlier proposed amendment whereby it would read:
Neither a Mayor nor Vice Mayor shall be eligible for election
for a period of two years from the completion of his/her
third term.
Further discussion ensued; MR. BRANDT then proposed the following
amended MOTION:
No person may serve more than 3 successive terms as Mayor.
No person may serve more than 3 successive terms as Vice
Mayor.
Charter Review Board Meeting Minutes
June 04 , 1992
Page 3 of 3
Neither the Mayor nor Vice Mayor shall be eligible for
election for a period of two years from the completion of
his/her third term.
Due to lack of a SECOND, MR. BRANDT' S MOTION failed and the deli-
beration resumed. Noting it was the Town Manager' s written
opinion that the MOTION regarding this issue, as approved by the
Charter Review Board on 12/17/91 , was appropriate; the majority of
the Members agreed with the Town Manager and opted to stay with
the MOTION approved on 12/17/91 .
At this time, Mr. Canova suggested submitting a recommendation for
the Town Commission to appoint a 'Charter Review Board' every ten
years . During brief discussion, noting such recommendation would
be in order, the Town Attorney questioned where, in the Charter,
this recommendation would be placed. It was the consensus to
include this matter at the end of the Charter as Article XI titled
' Review of Charter' .
MR. CANOVA/MR. LOWE MOVED to recommend that the Charter be amended
to include a provision for review every ten years . The MOVE was
unanimously approved.
ANNOUNCEMENT
At this time, Members extend thanks to the Town Commission for the
honor of being appointed to the Charter Review Board, a position
enjoyed by each and every appointee. They further extended thanks
to Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano,
and Town Clerk Anne M. Kowals for assisting in this important
task.
ADJOURNMENT
With all agenda items having been addressed, Chairman Murphy, upon
proper MOTION, adjourned the Final Meeting of the Charter Review
Board at 10 : 30 a .m.
A ' 'ST: APPROVED: +`/ "fyl�� ,/,� Chairman
'ate: #
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etty . Dodd, - ice Chairman
MEMORANDUM
TO: Chairman Murphy, Charter Review Board
FROM: Mary Ann Mariano , Town Manager
SUBJECT: Comments regarding June 4, 1992 meeting
DATE: June 2, 1992
•
In as much as I will be unable to attend the June 4 , 1992 meeting
of your board , I would like to make the following comments with
respect to your agenda .
Section 8 . 01 : I have no comment with regard to this recomendation .
Section 8 . 02 : With regard to the rewording of this section , the
exception of State Road AIA should remain somewhere
within the phraseology involving the streets and
roads and not breaking up the thought that "the
Commission shall have complete control and
supervision . . . " . Other than where the words "with
the exception of State Road AIA" appear currently,
the only other appropriate place for this phrase
would be between the words "alleys" and "which" .
With regard to adding a new section at the end of Article 5
Ordinances, I make the following comments . I feel that the State
and the Town adequately address the Initiation , Amendment, and
Repeal of Ordinances . I do not feel that additional regulation is
required in this regard . If, for instance , the Town of Highland
Beach elected all of its officials every four years , there may be
a need for a process by which the electorate could initiate
ordinance changes during the four years inbetween elections . How-
ever , in the Town of Highland Beach, an election is held every
year with the electrate able to address either two or three of its
governing body members . Therefore , the ability to address
ordinances is available every year . Historically, in the Town of
Highland Beach , popular ordinances have been enacted , and
unpopular ordinances have been repealed , through a change in the
membership of the governing body. We have never experienced a
problem in this area and therefore I feel that it would be very
burdensome to add the new section as recommended .
Memorandum Chairman Murphy
June 2, 1992
With regard to revisiting Article 1 Section 106, Limitation in
Office , I feel that the wording as previously approved by the
Charter Review Board is appropriate . Currently such wording is as
follows : " ( 3 ) no person may serve more than 3 successive terms as
a Mayor . No person may serve more than 3 successive terms as a
Vice-Mayor" .
Should you fail to complete your review on June 4th , 1992, or have
additional comments which need further deliberation , an additional
meeting may be called prior to the Boards recommendations being
submitted to the Town Commission for consideration .
., /1
/ & •� ��a�4 c‘D
Mary An Mariano
Town Ma ager
CC: Town Attorney
Town Clerk
All members Charter Review Board