1992.04.21_CRB_Minutes_Regular l
TOWN OF HIGHLAND BEACH, FLORIDA
CHARTER REVIEW BOARD
REGULAR MEETING
Tuesday, April 21, 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 pre-
sent were Vice Chairman Betty C. Dodd, Members Leon J. Canova,
Robert L. Lowe, Daniel C. Stump, Leonard Bell, Edison Brandt, and
Russell Richarson. Absent were Members Betty Goldenson, and Paul
R. Kane.
Also in attendance were Town Attorney Thomas E . Sliney, and Town
Clerk Anne M. Kowals . Town Manager Mary Ann Mariano was absent .
Mr. Leonard Bell , noting Charter Review Board Member Helene Harris
served the Town well for many years on various Advisory Boards and
Committees, informed Members of her recent passing.
Minutes of the March 17 , 1992 Regular Meeting of the Charter
Review Board were approved, as written, upon MOTION by MR. LOWE/
MR. CANOVA. MOTION carried without objection.
OLD BUSINESS
Revisit Article II . Municipal Powers - Section 2 . 01 ( 1 )
Following discussion of Article II . Municipal Powers - Section
2 . 01 ( 1 ) , it was the consensus to add the language of Ordinance
No . 605, adopted by the Town Commission on January 29, 1991 and
became effective on March 11, 1991 by Referendum Approval . MOTION
by MR. RICHARDSON/VICE CHAIRMAN DODD to include the following lan-
guage at the end of Section 2 . 01 ( 1) carried without objection:
"Any single project or cumulative of projects, or extension
of town services requiring an allocation of more than
$350, 000 . 00 in any given fiscal year, shall not be funded
until the purposes and amounts of such allocations shall
first have been approved by the majority of votes cast in an
election of qualified electors residing within the town.
Exceptions to this would be 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 . "
"Such election shall only be held between November 01 of a
given year through April 01 of the following year . "
Charter Review Board Meeting Minutes
April 21 , 1992
Page 2 of 6
NEW BUSINESS
Chairman Murphy noted the Charter Review Board will address
Articles VII , IX, and X at this meeting hoping to complete review
of said Articles; Article VIII will be addressed at the next
Charter Review Board Meeting on May 19 , 1992 .
Article VII . Revenue and Taxation
Section 7 . 01 . Taxing Authority
During discussion, noting this section must be consistent with
Article III , the Chairman advised language from Ordinance No. 619 ,
adopted by the Town Commission on December 03 , 1991 , was inserted
in Article III at the time of review, and must also be included at
the end of Section 7 . 01 .
At the conclusion of discussion, MOTION by MR. STUMP/MR. CANOVA to
add, at the end of Section 7 . 01 , the language as read by the Town
Clerk was favorably received. Section 7 . 01 is to be amended to
include the following language:
"All public monies shall be deposited in the name of the Town
of Highland Beach in full compliance with Florida State
Statute 166 . 261, and all public monies shall be disbursed
only on check, to be signed by the Town Manager, or in
his/her absence, by the Finance Director, and countersigned
by one Town Commissioner. In the absence or inability of
both the Town Manager and Finance Director, the signatures of
two (2 ) members of the Town Commission is authorized. "
Section 7 . 02 . Assessment of property.
Following deliberation, it was the consensus to amend the title of
Section 7 . 02 to "Taxation of property" as well as to delete the
first sentence of said section. A MOTION, proposed by VICE CHAIR-
MAN DODD/MR. STUMP, to amend the title and omit the first sentence
of Section 7 . 02 carried without objection. Section 7 . 02 is to be
amended to read as follows :
"Section 7 . 02 . Taxation of property.
All property, real and personal , in said Town of Highland
Beach not expressly exempt by laws of the state shall be
subject to taxation for the purpose mentioned in this
charter. "
Charter Review Board Meeting Minutes
April 21 , 1992
Page 3 of 6
Section 7 . 03 . Notice of tax lien; record of tax sales .
It was decided that the section under discussion serves no purpose
therefore MOTION was made by MR. BELL/VICE CHAIRMAN DODD to delete
Section 7 . 03 entirely. Said MOTION received unanimous approval .
Section 7 . 04 . Annual millage limit .
Following discussion of this section, it was the consensus that
any adjustment in the millage rate should be left to personnel
involved in the budget process . Consequently, a MOTION to leave
Section 7 . 04 as is and leave the millage adjustment decision to
the budget committee was made by VICE CHAIRMAN DODD/MR. BRANDT.
Same carried with all favorable votes .
Section 7 . 05 . Lien of taxes; due date; notice; tax sales;
certificates and deeds .
Upon deliberation, and at the suggestion of the Town Attorney,
Members agreed to delete language at the end of paragraph one of
Section 7 . 05 while keeping paragraph two of said section as it
presently reads . MR. BELL/VICE CHAIRMAN DODD MOVED to amend para-
graph one of Section 7 . 05 by deleting language (as suggested by
the Town Attorney) and keeping paragraph two in tact . Paragraph
one of Section 7 . 05 is to be amended to read as follows :
"All taxes shall be a lien against the property upon which
they are levied or assessed from the first day of January of
the year in which such levy and assessment is made and shall
be due and payable on the first day of November in such year
or as soon thereafter as the assessment roll may come into
the hands of the collector. Unless such taxes are paid on or
before the first day of the following April , the property
against which the same are a lien may be sold for such
taxes . "
The MOTION received unanimous approval . A MOTION amending the
title of Section 7 . 05 to read "Lien of taxes" , proposed by MR.
RICHARDSON/MR. LOWE carried without objection.
Section 7 . 06 . Discount for early payment; delinquency;
penalty.
Following brief deliberation, this entire section was deleted upon
MOTION by VICE CHAIRMAN DODD/MR. CANOVA. Same was unanimously
approved.
Charter Review Board Meeting Minutes
April 21 , 1992
Page 4 of 6
It should be noted that deletion of sections will change the
numerical order of the sections in Article VII .
Article IX. Miscellaneous
Section 9 . 01 . General laws applicable .
MOTION was made by VICE CHAIRMAN DODD/MR. CANOVA to keep Section
9 . 01 as it presently reads . Same received all favorable votes .
Section 9 . 02 . Contract for expenditures limited.
Following a consensus, VICE CHAIRMAN DODD/MR. CANOVA MOVED to keep
this Section in tact . The MOVE was unanimously approved.
Section 9 . 03 . Limitation on legal action against town.
Section 9 . 04 . Notice of action.
It was the consensus to amend the language of Section 9 . 03; delete
the paragraph under Section 9 . 04 while combining both of these
Sections into one; and, changing the title . VICE CHAIRMAN DODD/
MR. BRANDT MOVED to amend the paragraph under Section 9 . 03 to read
as follows :
"No suit or any cause of action of whatsoever kind or nature
against the Town of Highland Beach shall be instituted except
in conformance with Florida State Statute 768 . 28 as
amended. "
Said MOVE received unanimous approval . MOTION deleting the entire
paragraph under Section 9 . 04 was proposed by MR. RICHARDSON/MR.
LOWE . Same carried without objection. A MOTION changing the
title to read "Section 9 . 03 . Limitation on legal action against
town; Notice of action. " was made by MR. STUMP/MR. LOWE . This
MOTION was favorably received by all Members .
Section 9 . 05 . Savings clause.
Following brief discussion, MR. STUMP/MR. CANOVA MOVED to keep the
language under Section 9 . 05 (which now becomes Section 9 . 04 due to
deletion of previous section) as it presently reads . The MOVE
received unanimous acceptance.
Section 9 . 06 . Evidence of notice .
With this item now being numbered Section 9 . 05, MOTION was made by
MR. LOWE/VICE CHAIRMAN DODD to keep this paragraph in tact . Same
carried without objection .
Charter Review Board Meeting Minutes
April 21 , 1992
Page 5 of 6
Following substantial discussion regarding a proposed new Section
9 . 06 titled "Legal Rights" submitted by Chairman Murphy to each
Member at this Regular Meeting, MR. BELL/MR. BRANDT MOVED to
include a new section (with noted corrections) which is to read:
"Section 9 . 06 . Legal rights .
If a person, firm, or corporation has , by actions in reliance
on prior regulations, obtained vested or other legal rights
that in law would have prevented a local government from
changing those regulations in a way adverse to its interests,
then nothing in this Charter authorizes any government agency
to abridge those rights . Nothing in this Charter authorizes
any governmental agency to adopt a rule or regulation or
issue any order that is unduly restrictive or constitutes a
taking of property without the payment of full compensation,
in violation of the State of Florida or of the United
States . "
The MOVE was unanimously approved.
Article X . Initiative, referendum and recall .
Section 10 . 01 . Ordinance .
Lenghty discussion regarding proposed amendments to Article X as
indicated on the Worksheet prepared and submitted by Chairman
Murphy to Members at this meeting ensued.
Mr. Bell, noting he would like to think about the matter prior to
making a decision, stated "the Town is changing and we should be
cautious of all things . "
Vice Chairman Dodd stated "I do not think this is necessary in
Highland Beach" advised she has no problem with Section 10 . 01 as
it stands now.
Town Attorney Sliney, noting this could get the Town in the middle
of something that is costly, suggested the Town Clerk request from
Boca Raton and Delray Beach copies of their charter regarding
matters of "Petition, initiative, referendum and recall" .
At the conclusion of the discussion, MOTION by MR. CANOVA/MR.
BRANDT to table this discussion until the next meeting at which
time information from Delray Beach and Boca Raton will be in hand
received unanimous approval .
Charter Review Board Meeting Minutes
�1 April 21, 1992
[ Page 6 of 6
At this time, Chairman Murphy announced the next meeting date is
set for May 19, 1992 at 10:00 a.m. Final review of the proposed
amendments is scheduled for June 04, 1992 at which time Members
may revisit whatever issues they deem necessary ( i .e. term limita-
tion for Commissioners, etc. ) .
Upon MOTION by VICE CHAIRMAN DODD/MR. STUMP, Chairman Murphy
adjourned the Charter Review Board Regular Meeting at 11 :40 a.m.
APPROVED: ✓�u e . ,_
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