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1992.05.19_CRB_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA CHARTER REVIEW BOARD REGULAR MEETING Tuesday, May 19 , 1992 10 : 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 10 : 00 a .m. in the Commission Chambers at Town Hall . Others in attendance were Vice Chairman Betty C. Dodd, Members Daniel C. Stump, Leon J. Canova, Leonard Bell , and Edison Brandt . Absent were Members Paul R. Kane, Robert L. Lowe, Russell Richarson and Betty Goldenson. Also present were Town Attorney Thomas E . Sliney, Town Manager Mary Ann Mariano, and Town Clerk Anne M. Kowals . VICE CHAIRMAN BETTY DODD/MR. BRANDT MOVED to approve the Minutes of the April 21 , 1992 Regular Meeting as submitted. Same carried without objection. OLD BUSINESS Revisit Article X. Initiative, Referendum, and Recall . Chairman Murphy noted this matter was moved to the May Meeting Agenda to allow receipt of information concerning Initiative, Referendum, and Recall from the Cities of Delray Beach and Boca Raton. Section 10 . 01 . Ordinance. Following much discussion, MR. STUMP/MR. BRANDT MOVED that Section 10 . 01 be amended to eliminate 'ORDINANCE ' and insert ' INITIATIVE, REFERENDUM, AND RECALL' and the wording of the sentence is to stay the same except for the addition, at the end of said sentence, the phrase "as set out in Florida State Statute 100 . 361" . The MOVE was approved by a vote of 5 "AYES ' with 1 "NAY" vote cast by the Chairman. The Section is to be amended to read: Section 10 . 01 . Initiative, referendum, and recall . The voters of the town shall have the powers of initiative, referendum, and recall as set out in Florida State Statute 100 . 361 . Charter Review Board Meeting Minutes May 19 , 1992 Page 2 of 4 Town Manager Mariano, noting Section 7 . 01 . Taxing Authority ad- dressed at the April Meeting which she was unable to attend, informed the Members that the intent was to delete the wording at the end of the paragraph and replace it with new language; the intent was misconstrued whereby the Members approved a move to include, at the end of this section, the paragraph from Ordinance No. 619 . Members agreed to readdress Section 7 . 01 at this time. At the conclusion of the discussion, MR. BRANDT/VICE CHAIRMAN DODD MOVED to delete language which is to be replaced with the following wording "full compliance with Florida State Statute 166 . 261" . With the MOVE receiving unanimous approval , Ordinance No. 619 paragraph is cancelled and the last sentence in Section 7 . 01 is to be amended to read: "The commission shall also have power to levy annually such special tax on taxable property, real and personal, within the corporate limits of said town, as my be necessary to provide funds for the payment of bond or interest bearing warrants of maturity and the same shall be deposited in full compliance with Florida State Statute 166 . 261 . " NEW BUSINESS Article VIII . Streets, Pavement, and Town Lots Section 8 . 01 . Town created a road district . Following brief discussion, VICE CHAIRMAN DODD/MR. STUMP MOVED to keep this section as is . The MOVE carried without objection. Section 8 . 02 . Control and supervision of streets, etc. During deliberation, it was the consensus to amend the title of this section as well as include additional language in the para- graph. Upon MOTION by MR. BELL/MR. BRANDT, which received unani- mous approval, the title is to be amended to read: Section 8 . 02 . Control and supervision of streets, assessments, etc . The paragraph, amended upon a MOVE by MR. BRANDT/VICE CHAIRMAN DODD, is to be amended to read as follows : The commission shall have complete control and supervision of all the streets, roads, and alleys which have been dedicated Charter Review Board Meeting Minutes May 19 , 1992 Page 3 of 4 to the use of the public forever, with the exception of State Road AlA, within the corporate limits of the town and shall by ordinance prescribe the method and manner of keeping up the working of the same, not inconsistent with the laws of the State of Florida . The town shall have the powers of assessments as provided in Florida State Statute 170 . The MOVE received unanimous approval . It was the consensus to readdressed Section 8 . 01 . A MOTION was made by MR. STUMP/MR. CANOVA to amend this section to read as follows : The territory contained within the corporate limits of Highland Beach, with the exception of State Road AlA, is hereby declared to be and the same is hereby constituted an independent road district . The MOTION received favorable votes . MR. BELL/MR. BRANDT MOVED to amend the title of Section 8 . 01 to read: Section 8 . 01 . Town created an independent road district. Members approved the MOTION without objection. Substantial discussion ensued with regard to the following four sections : Section 8 . 03 . Construction procedure Section 8 . 04 . Drainage and fills Section 8 . 05 . Sidewalks , etc . , construction by owner; procedure . Section 8 . 06 . Land clearance; procedure. At the conclusion of lengthy deliberation, MOTION was proposed by MR. STUMP/VICE CHAIRMAN DODD to delete Sections 8 . 03 , 8 . 04 , 8 . 05, and 8 . 06 at the recommendation of staff because these provisions are covered in the current ordinances of the Town Code which are reviewed periodically by the Town Commission. This MOTION carried without objection. At this point, Chairman Murphy, noting a draft of the proposed amendments for final review at the scheduled June 04, 1992 ( 9 : 00 a .m. ) Charter Review Board Meeting will be distributed by the Town Charter Review Board Meeting Minutes May 19 , 1992 Page 4 of 4 Clerk in advance of said Meeting, inquired if anyone had any concerns with regard to the proposed amendments . Mr. Canova, not- ing his concerns regarding Article I , Section 1 . 06 , Sub-section 3, (Limits on terms of office) , submitted his recommendations in writing. Copies will be made available to Members who will consi- der the matter at the June 04 , 1992 Meeting. Upon proper MOTION and SECOND, Chairman Murphy adjourned the Regular Charter Review Board Meeting at 11 : 20 a.m. APPROVED: //� �/ �/ • /�/ R. lr Murp i' n / :etty C. Dodd, Vice Chairman E T: e / .0/1 If • D- e: 'W SEEP df S ARTICLE I , Section 1 . 06 , Sub-section ( 3) "Limits on terms of office" On 12/17/91 , the Charter Review Board Members amended the above cited sub-section ( 3) to read: No person may serve more than 3 successive terms as Mayor. No person may serve more than 3 successive terms as Vice Mayor. Mr. Canova is recommending sub-section ( 3) be amended to read: No person may serve more than 3 successive terms on the Town Commission either as a Commissioner, Mayor or Vice Mayor. Exception: The length of time an appointee fills a vacated Commission seat is excluded from the term limit . * *This Exception would negate confusion as to when the individual ' s term of office is up with the established time-table for filling Commission seats . Mr. Canova noted the following may be in Ordinances but he thinks they should be stated in 1 . 06 : An elected official may not be eligible for election for a period of two years from the completion of his/her third term. An elected official who vacates his/her seat prior to completing his/her term shall not be eligible for election for two years .