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1992.03.17_CRB_Minutes_Regular t TOWN OF HIGHLAND BEACH, FLORIDA CHARTER REVIEW BOARD REGULAR MEETING Tuesday, March 17 , 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 present were Leon J . Canova, Robert L. Lowe, Daniel C . Stump, Betty Goldenson, Paul R. Kane, Leonard Bell, Edison Brandt, and Russell Richardson . Absent Were Vice Chairman Betty C. Dodd, and Helene Harris . Also in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, and Town Clerk Anne M. Kowals . Minutes of the February 18, 1992 Regular Meeting of the Charter Review Board were approved, as submitted, upon MOTION by MR. RICHARDSON/MR. LOWE . Same carried unanimously. OLD BUSINESS None C NEW BUSINESS Article V. Ordinances - Section 5 . 01 . Authority to enact; procedure; execution; posting; emergency ordinances . Following discussion of the first paragraph, MOTION by MR. CANOVA/ MR. BELL to leave the first paragraph as is carried with six "YES" votes . MOTION by MR. STUMP/MR. CANOVA to leave sub-section (a) as it presently appears in the Charter was favorably received by all Members . Following substantial discussion, MOTION was made by MR. BELL/MR. CANOVA to have sub-section (b) amended per Ordinance No. 601 , adopted 11/07/90 . Sub-section (b) is to read as follows : "A proposed ordinance may be read by title or in full for both the first reading and for the final reading. A roll call vote is required for final passage of every ordinance. " The MOTION received unanimous approval . Charter Review Board Meeting Minutes March 17 , 1992 Page 2 of 5 During deliberation of sub-section (c) , it was the consensus to change fourteen ( 14 ) days to ten ( 10) days . MR. STUMP MOVED to have sub-section (c) remain as it appears except for changing the 14 days to 10 days . The first sentence of sub-section (c) is to read as follows : "Further, all proposed ordinances, after a first reading and at least ten ( 10) days prior to adoption, shall be published by title once in a newspaper of general circulation serving the municipality. " MRS . GOLDENSON SECONDED the MOVE which was favorably received by all Members . The second paragraph, discussed at length, was amended by deleting the wording following ' three ( 3) aye votes ' . MR. RICHARDSON/MRS . GOLDENSON made a MOTION to approve this paragraph which was amended to read as follows : "The majority of the members of the governing body shall constitute a quorum. In the event the quorum present shall constitute less than four ( 4 ) members of the commission, any ordinance or resolution shall not be adopted or enacted unless there are at least three ( 3) aye votes . " The MOTION carried unanimously. At the conclusion of discussion of paragraph three, MOTION was made by MR. CANOVA/MRS . GOLDENSON to let this paragraph stand as printed. The MOTION was favorably received. Following consideration of paragraphs four and five, Chairman Murphy noted that, due to lack of a MOTION, both will remain as printed. Members discussed paragraph six. MOTION to keep the paragraph as printed was proposed by MR. CANOVA/MR. LOWE. Same carried without objection. At the conclusion of deliberation of paragraph seven, MR. STUMP/ MRS. GOLDENSON made a MOTION to keep said paragraph as printed. The MOTION received all favorable votes . Charter Review Board Meeting Minutes March 17 , 1992 Page 3 of 5 Section 5 . 02 . Franchises; notice; limitation. Following substantial discussion regarding Section 5 . 02, it was the consensus to amend the last line of the paragraph to read as follows : . .with the provisions of Section 180 . 14 Florida Statutes of 1991, as amended. " MOTION was proposed by MR. STUMP/MR. CANOVA to keep the paragraph as is except for the changes indicated above. The MOTION carried unanimously. Section 5 . 03 . Record of ordinances; rule of evidence. It was noted a clerical change was in order (deletion of the word ' to ' at the end of the third line) with regard to the paragraph relating to Section 5 . 03 . At the conclusion of discussion, a MOTION was made by MR. BRANDT/MR. CANOVA to have this paragraph remain as is except for the clerical change. This MOTION was favorably received . Article VI . Bonds - Section 6 . 01 . Purposes; amount limited; election; execution; term. During discussion, it was noted that Section 6 . 01 was amended by Ordinance No. 606, adopted on 1/29/91 , which became effective upon referendum approval in March of 1991 . Said amendment added language at the end of paragraph one . For the purpose of giving the Members an opportunity to obtain a copy of Ordinance No. 606 for review, MOTION was made by MR. BELL/MR. CANOVA to delay discussion of Article VI to the next regular meeting . The Town Clerk will provide copies of Ordinances No. 605 and 606 to each Charter Review Board Member. The Town Attorney noted the referendum is a law, Charter Review Board Members can not change it; and, inasmuch as it was approved by referendum, it will be included in the Charter. The MOTION to delay discussion of this matter was defeated with the majority voting "NO" . At the conclusion of deliberation, MR. RICHARDSON/MR. LOWE MOVED to add the referendum language to the end of paragraph one of Section 6 . 01 . The MOVE carried without objection therefore the Charter Review Board Meeting Minutes March 17, 1992 Page 4 of 5 following language will be added to the end of paragraph one of Section 6 . 01 : "Such election shall only be held between November 01 of a given year through April 01 of the following year. Excep- tions to this would be for Bond Referendums necessitated by an act of God/disaster as defined by Webster 'a sudden and extraordinary misfortune, unforeseen mischance bringing with it the destruction of life and property' , as well as litigation settlement . " A MOTION to keep paragraph two of Section 6 . 01 as is was made by MR. STUMP/MR. RICHARDSON. Same was favorable to all Members . Section 6 . 02 . Terms of ordinance authorizing. Members discussed Section 6 . 02 . MOTION was made by MR. STUMP/ MR. RICHARDSON to let the paragraph stand as written. The MOTION was favorably received by all Members . Section 6 . 03 . Form and denomination; sale price; bond of treasurer. ,---A During discussion of this section, it was the consensus to include the words 'or she ' to the last part of the final sentence in para- graph one which will be amended to read: " . . , that he or she will faithfully perform the duties of treasurer with respect thereto. " MR. BRANDT/MRS. GOLDENSON MOVED to keep the first paragraph as is with the addition of 'or she ' as indicated above. The MOTION carried unanimously. In discussing paragraph two, it was the consensus to add the word ' financially' after the word ' indirectly' . A MOTION was made by MR. RICHARDSON/MR. STUMP to keep the paragraph as is but to insert the word ' financially' . Said MOTION was favorably received. The paragraph will now read: "No member of said commission or officer, agent or employee of the town shall be directly or indirectly financially interested in any contract under the charge of the commission. " r-, Charter Review Board Meeting Minutes March 17, 1992 Page 5 of 5 Section 6 . 04 . Account of each issue. Following review of Section 6 . 04 , MR. STUMP/MR. CANOVA MOVED to let the paragraph stand as written. Same carried unanimously. Section 6 . 05 . Notice of sale. During review of Section 6 . 05, it was the consensus to amend same to read as follows : "Notice of sale of bonds shall be given by publication in one or more daily newspapers or financial journals within or without the state at least ten days prior to the date of sale of said bonds and by posting the same at the door of the town hall for a like period. The notice shall contain such terms as the town commission shall deem advisable and proper under the circumstances and shall in every respect comply with the provisions of Florida Statutes, Section 218 . 385 . " MOTION by MR. BRANDT/MR. CANOVA to approve Section 6 . 05 as reflected above carried without objection. At this time, Chairman Murphy extended thanks to one and all for their cooperation and help on the Charter Review Board and he also extended best wishes for a Happy St . Patrick ' s Day to all . The next scheduled Regular Meeting of the Charter Review Board is scheduled for Tuesday, April 21, 1992 at 10 : 00 a.m. at which time Members will re-visit Section 2 . 01 , under Old Business . Upon MOTION by MR. STUMP/MR. RICHARDSON, the Chairman adjourned the Regular Meeting of the Charter Review Board at 11 : 40 a .m. APPROVED: </ ;,JGLI�J. ' / /� Ram E. 1(9 urphy, �[ crtk airman (absent) Betty C . Dodd, Vice Chairman -T: • _/ / . :te: Cr,;) ) /amk S