HomeMy WebLinkAbout06-23-88 MINUTES OF THE CHARTER REVISION COMMITTEE HELD JUNE 23, 1988
The meeting was called to order at 7 :45 p.m. by Chairman
Beatty who asked for a moment of silent meditation and led in
the pledge to the flag.
PRESENT: Chairman Beatty, Board Members Pounds and Hendrix,
Attorneys Rosenthal and Mlsna, and City Clerk Catron.
ABSENT: Board Member Switzer was out of town and Board
Member Mitchell had a previous commitment.
APPROVALS - This was tabled until the next meeting.
DISCUSSION ON CODE ENFORCEMENT AND PLANNING & ZONING BOARDS
BECOMING CHARTER BOARDS
Attorney Rosenthal explained that Code Enforcement Boards and
Planning Commissions were sufficiently addressed in the State
Statutes. (There were no statutory provisions specifically
relating to Zoning Commissions.) The board agreed that these
boards were sufficiently addressed in the State Statute and
City Code.
REVIEW OF ARTICLE II OF THE CHARTER
Attorney Rosenthal directed their attention to a memorandum
‘1kur. from Ann Chandler regarding Municipal Home Rule Powers.
Broad powers were granted to cities by the Florida
Constitution and codified in Chapter 166 of the Florida
Statutes. Mr. Rosenthal stated that, in some instances, it
would not hurt to eliminate Article II since all of this
article dealt with "Home Rule Powers ". He explained that
they might want greater restriction in some areas and that
they had a lot of discretion.
Section 1 - Powers Generally - The attorneys recommended
additional provisions and the board agreed. They decided to
wait until the review of all of the sections before they made
a decision on deleting Article II in its entirety.
Subsection 1 - The Municipal Court System was abolished and
was recommended to be deleted in its entirety.
Subsection 2 - The alternative recommended by the attorney
was approved as follows: To make and maintain, within or
without the corporate limits of the City, all buildings and
facilities necessary and appropriate for the use of the City
and to acquire all land, rights and easements necessary for
such buildings.
Subsection 3 - The board agreed to the insertion of "or any
interest in property" after property and "or otherwise
%A' obtain" after eminent domain. The board asked the attorney
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June 23, 1988
to draft some language that would provide for e dollar- value
that would require a public hearing regarding disposition of
property.
Subsection 4 - This section was to be deleted and the
alternative suggested by the attorney was to be rolled into
Section 1. The alternatives dealt with the City's power to
make and enforce ordinances, prescribe penalties for
violations of ordinances and to pass and enforce ordinances
for the preservation of property owned by the City. A
general statement would be drafted by the attorney regarding
public improvements.
Subsection 5 - No changes were recommended for this section.
Subsection 6 - Item 1 - The board recommended deleting all
of the sentence after "protection and services ". Item 2 -
The board recommended the addition of "such" after impose,
"and/or imprisonment" after penalties and "such as permitted
by law" after ordinance. Item 3 - The board recommended
deleting the jail provision but to keep the intragovernmental
agreements provision by adding a new section. The board also
agreed to delete the provisions for issuance of subpoenas and
bonds. There were some additional provisions that had been
provided by the attorney and Chairman Beatty asked City Clerk
Catron to check with the City Manager, Fire Chief and Police
Chief to see if they felt any of these needed to be included
in the Charter.
Subsection 7 - There were no recommended changes for this
section and Chairman Beatty asked that City Manager Ryan be
asked if any additional provisions were needed.
Subsection 8 - The proposed addition of "applicable Florida
Statutes" was recommended and to also add "other benefits ".
Subsection 9 - This section gave the City the power to
expend and borrow money. After discussion, Chairman Beatty
asked the attorneys to draft some language that would limit
the amount of money the City could borrow without a unanimous
vote of the City Commission and provide that a Public
Hearing be required with a minimum advertisement of 4 days
notice. He asked that they allow for a waiver of the notice
by unanimous vote in case of an emergency. He suggested
anything over $100,000.00 as the figure to use. This was to
exclude leases. Attorney Mlsna explained that the provision
for municipal borrowing was addressed in the State Statutes.
Subsection 10 - Tabled until the next meeting.
*4 11o'" Subsection 11 - This section was addressed previously.
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June 23, 1988
Subsection 12 - This section was recommended to be deleted.
Subsection 13 - Attorney Woodson had submitted a memorandum
to the board with recommended changes to this section. The
changes were as follows: Add the following "or drainage
into" after 'the use of'; delete "bodies of" after 'other';
add "courses and adjacent wetlands and uplands" after
'water'; and delete the rest of the sentence after "City ".
The board agreed with the recommended changes.
Subsection 14 - No change recommended except to add the
provision "to the extent permitted by law ".
Subsection 15 - This section was recommended to be deleted
and the following sentence added: "To declare what shall
constitute a nuisance, prevent the same, authorize the
removal thereof ".
The board stopped with Section 16 and agreed to meet on June
30, 1988 at 7 :30 p.m. to review Article II. Chairman Beatty
also asked that the Workshop with the City Commission be
agended for the next meeting.
Tom Hendrix moved to adjourn, Edwin Pounds seconded and the
motion carried unanimously.
The meeting adjourned at 10:03 p.m.
CHAIRMAN BEATTY
ATTEST:
CITY CLERK CATRON
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