2012.06.06_CRB_Minutes_Regular%16 N (4`'4�
-- M
TOWN OF HIGHLAND BEACH
o. �S
MINUTES OF THE
CHARTER REVIEW BOARD
REGULAR MEETING
Wednesday, June 6. 2012 2.00 PM
Members Present: Chair Ronald Clark, Member Eugene Engelhardt, Member Ruth
Samuels, Member David Stern, and Member Rosalind Svenstrup. Also present: Town
Attorney Glen Torcivia; Town Manager Kathleen Weiser, Town Clerk Beverly Brown;
Commissioner Dennis Sheridan, Public Works Director Jack Lee and members of the
public.
1. CALL TO ORDER:
Chair Clark called the Regular Meeting to order at 2:05 PM in the Town Hall Conference
Room followed by the roll call.
2. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA:
Chairman Clark asked for any additions or deletions to the agenda. Receiving none,
called for a motion to accept the agenda as presented.
MOTION: Member Samuel moved to accept the agenda as presented. Member Stern
seconded the motion, which passed unanimously.
3. PUBLIC COMMENTS AND REQUESTS:
No public comments.
4. PRESENTATIONS:
V •1' yn
S. APPROVAL OF MINUTES:
MOTION: Member Stern moved to accept the minutes of May 22, 2012. Motion
seconded by Member Svenstrup.
A voice vote taken with all in favor.
Charter Review Board Regular Meeting Minutes
Wednesday, June 6, 2012 Page 2 of 6
6. OLD BUISNESS
None
7. NEW BUSINESS
Chair Clark stated he recommended that they review the Charter section by section. If a
member had a comment or recommendation to be made, that it would be discussed
when we got to the appropriate section. Consensus was to follow this procedure.
Article 1. — General Provisions
Sec. 1.01. —Town Established; Corporate Limits. No Changes.
Sec. 1.02. - Corporate Limits Extended. No Changes.
Sec. 1.03. - Same — Municipal Authority Vested.
Attorney Torcivia — At some point in time, the town limits were extended.
No Changes.
Sec. 1.04. — Same — Privileges and Liabilities of Laws Annexed.
Attorney Torcivia —This is also in reference to annexed property.
No Changes.
Sec. 1.05. Corporate Authority in General.
Chair Clark - Second paragraph — "That said corporation shall have perpetual succession
and by the name of the Town of Highland Beach may use, be sued and defend, pleased
and be impleaded in all courts and places. Etc." This seems to conflict with Section 9.03.
— Limitation of Legal Action against Town.
Attorney Torcivia — Florida Statute 768.28 — States that every municipality in the state is
only libel to a certain dollar amount for negligence. Will review language and bring back
suggestions.
Sec. 1.06. - Town Commission Created; Election; Terms; Town Clerk; Qualifications of
Electors; General Election Law.
(1) -No questions
(2) - Chair Clark - Do we need to adjust years? Attorney Torcivia — This is a historical
reference. In a way it is no relevant, but is a historical reference.
Charter Review Board Regular Meeting Minutes
Wednesday, June 6, 2012 Page 3 of 6
(3) Chair Clark — Is there a conflict with successive terms? Member Svenstrup — If you
are appointed rather than elected, is the appointment considered a term? When do we
have an election rather than an appointment? Chair Clark — A suggestion to clarify
would be to change it to "two successive terms." Attorney Torcivia — Or take out "or
not." Chair Clark — If someone was appointed, could they only run for one full term?
Conclusion — Remove "whether they be full terms or not" wherever stated.
(4) Remove the word "some" and change it to "a".
(5) Include — Precinct 4095.
(6) No Change.
(7) No Change.
(8) Add — "by the Commission"
Commissioners shall take office immediately upon certification of the election
results by the Commission and shall remain in office until the election and
certification of their successors.
(9) No Change.
(10) No Change.
(11) No Change.
Sec. 1.07. - Rules of Procedure; Quorum; Meetings.
Last sentence — change "shall" to "should."
The Commission (shall) should hold at least one (1) regular meeting each month in such
building as shall be designated by it as the Town Hall, at a fixed day and hour.
Sec. 1.08. - Oath of Office.
Member Englehardt distributed copies of Charters from other municipalities where
other "oaths of office" was not quite as long or formal.
No Change.
Charter Review Board Regular Meeting Minutes
Wednesday, June 6. 2012 Page 4 of 6
ARTICLE II — MUNICIPAL POWERS
Sec. 2.01. - Enumeration of Powers.
(6) Fills.
Member Englehardt — Does this include mangroves? Response — they are protected
with the wording of "all applicable laws."
(7) Land Clearance.
Chair Clark — Can "Obnoxious growth" be changed to "over growth?"
Town Attorney to review wording.
(11) Cable and telecommunications.
Attorney Torcivia — Municipalities used to have franchise agreements. Now they
are regulated by the FCC.
Eliminate #11 altogether.
(21) Town Manager.
Chair Clark - Present wording requires a vote of not less than three (3) members
of the Town Commission to terminate the Town Manager. Do you want to keep it
a majority vote or amend it to a super majority vote?
Consensus — Leave it at three (3) votes.
(25) Littering prohibited.
Consensus - Add — Beaches
(30) Funding limitation.
Chair Clark — A single project requiring an allocation of more than $350,000 needs
to go to the voters for approval. This number might have been good before, feel
we should now change it to a million dollar minimum then increasing it every year
with the cost of living index. Member Samuels — Why do we need a number at all?
Everything has doubled in the past 10 years. Member Stern —At sometime we
need a referendum for expenditures. Recommend $500,000. Member Englehardt
- $500,000. Member Svenstrup - $500,000. Member Samuels - $700,000. Town
Manager Weiser —The walking path alone could be a million. The renovations
to the Police Department and Commission Chambers could be a million. Chair
Clark — A million dollars is nothing. We elect the Commission to do a job. Believe
Charter Review Board Regular Meeting Minutes
Wednesday, June 6, 2012 Paee 5 of 6
$500,000 is too low. We need to give the Commission the option of adjusting it
every year. Do most towns have limits? Attorney Torcivia — A few have specific
limits, but most do not. Manager Weiser—You might consider listing it as a
percentage of the budget. Say 10% of the total budget. Member Svenstrup — If
you require a referendum you could find out how the residents feel. Because of
the economic climate, the fire truck was defeated. Who would have thought that
was possible? Member Stern — Even though we come up with a recommendation,
does the Commission have to accept it? Attorney Torcivia —They can accept,
reject or change any of your recommendations. Member Stern — What is an
accumulation of projects? Public Works Director Lee — Our purchasing policy
prohibits us from separating one project into three smaller ones to circumvent the
bidding requirements. Chair Clark — Agree $350,000 is to low. How about 10% of
the operating budget? Member Stern — Agree. Member Samuels — Agree.
Member Svenstrup — Anything over $500,000 the people would like a vote. Do not
think that they would like a blank check. Member Engehardt — Would be
comfortable with $500,000. Chair Clark — Think we need to give this some more
thought and return to the discussion at another time. Member Stern — If you elect
an official(s) and do not like the way they spend money, you do not have to re-
elect them. Chair Clark — Would 8% be a reasonable amount? Member Svenstrup
— Would like to raise the amount but not 10%. Attorney Torcivia — How would it
be if it was a super majority of the Commission. 8% is accepted, but if it is
between 8 and 10%, it would require a super majority Then over a million would
go to referendum.
Item to be included on the next agenda.
Miscellaneous Discussion:
Member Samuels — Feel the Town could save money if contracts were written
properly. All department heads should be under the same rules and regulations.
Member Englehardt — If you have the responsibility to hire, then you should also
have the responsibility to fire.
Commissioner Sheridan — The Town Manager, Police Chief and Town Clerk are
hired by the Town Commission. The Town Commission should be the only ones
that can fire the individuals hired for these three positions.
MEETING SCHEDULE:
Consensus was to schedule the next meeting on Thursday, June 28', 2012 at 2 PM.
Charter Review Board Regular Meeting Minutes
Wednesday, June 6, 2012 Page 6 of 6
8. ADJOURNMENT:
Upon a motion made by Member Samuels and seconded by Member Svenstrup,
the meeting was adjourned at 3:38 PM..
APPROVED:
zl"
Ronald Clark, Chairman
David Stern, Member
Rosalind Svenstrup, Member
ATTESTED:
everly M. own, MMC
Town Clerld
Date: June 28, 2012