2012.07.10_CRB_Minutes_Regulartq`iy%
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TOWN OF HIGHLAND BEACH
MINUTES OF THE
CHARTER REVIEW BOARD
Tuesday, July 10, 2012 10:00 AM
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;
Vice Mayor Ron Brown; Commissioner Dennis Sheridan, Commissioner Lou Stern and
members of the public.
1. CALL TO ORDER:
Chair Clark called the Regular Meeting to order at 9:55 AM 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 Samuels moved to accept the agenda as presented. Member Stern
seconded the motion, which passed unanimously.
3. PUBLIC COMMENTS AND REQUESTS:
No Comments.
4. PRESENTATIONS:
Town Attorney Torcivia requested that the Board review all changes to date:
Article 1. GEBERAL PROVISIONS:
Section 1.01— No changes.
Section 1.02 — No changes.
Section 1.03 — No changes.
Section 1.04 — No changes.
Section 1.05 - Corporate Authority in General.
Charter Review Board Regular Meeting Minutes
Tuesday, July 10, 2012 Pa Lim 2 of 6
Second paragraph — change use to sue
Insert — "in accordance with law and section 9.03 of this charter;
Changes must be amended by referendum.
Section 1.06—Town Commission Created, Election; Terms; Town Clerk;
Qualifications of Electors; General Election Law.
(3) — remove "terms, whether they be" and insert "elected"
Changes must be amended by referendum.
(4) — change 'some" to "a"; and insert "and the Town's Personnel
Rules and Regulations."
Changes can be amended by ordinance.
(5) — remove "4094 and 4086 or such other"
Changes must be amended by referendum.
(8) — insert "by the Commission"
Change can be amended by ordinance.
Section 1.07 — Rules of Procedure; Quorum; Meetings.
Change "shall" to "should"
Change must be amended by referendum.
Section 1.08 — No changes.
Article II — Municipal Powers
Section 2.01- Enumeration of Powers.
(7) Land clearance.
insert "overgrowth"
Change must be amended by referendum.
(11) Cable and telecommunications.
insert "the extent permitted by law"
Remove —"or beyond"
Changes must be amended by referendum.
(25) Littering prohibited.
Insert — "or upon any public or private beach within the Town."
Change must be amended by referendum.
(30) Funding limitation.
Any single project, requiring an allocation of more than seven percent
(7%) of the Town's General Fund budget in any given fiscal year shall not be
funded until the purposes and amounts of such allocations shall first have been
approved by the affirmative vote of four members of the Town Commission. Any
single project, requiring an allocation of more than ten percent (10%) of the
Town's General Fund budget in any given fiscal year shall not be funded until the
purposes and amounts of such allocations shall first have been approved by all five
(5) Commissioners or by the majority of votes cast in an election of qualified
Charter Review Board Regular Meeting Minutes
Tuesday, July 10, 2012 Page 3 of 6
electors residing within the Town. Exceptions to this would be a natural
catastrophe defined as a sudden and extraordinary misfortune, unforeseen
mischance bringing with it the destruction of life and/or property, as well as
litigation settlement. Such election shall only be held between November 1 of a
given year through April 1 of the following year.
Changes can be amended by ordinance.
ARTICLE III — MUNICPAL ORGANIZATION AND OFFICERS
Section 3.01— Town Manager — No changes.
Section 3.02 — Finance Director — No changes.
Section 3.03 - Departments of the Town.
Delete: Each of the Commissioners shall have a special area of interest as
designated or assigned by the Mayor and be available to the Town Manager in an
advisory role when requested by the Town Manager.
Change must be amended by referendum.
Section 3.04 — Commissioners May Hold own Office; Personnel.
Remove entire section.
Change must be amended by referendum.
Section 3.05 — Salaries of Commissioners and Mayor — No change.
Section 3.06 — Performance Bonds — No change.
Section 3/07 — Fiscal Year — No change.
Section 3.08 — Creation and Abolishment of Offices — No change.
ARTICLE IV — SUSPENSION AND DISCHARGE OF PERSONNEL; POLICE POWERS
Section 4.01—Town Manager
The Town Manager shall have general supervision over all Town affairs,
shall see that all of the ordinances are faithfully executed, and shall have the power to
hire, evaluate, discipline, suspend or discharge any administrative officer or employee of
the Town, including the Town Clerk and Chief of Police, with the exception of the hiring
or discharge of the Police Chief and Town Clerk in accordance with the Town's Personnel
Rules and Regulations. The Town Commission retains the exclusive power to hire and
discharge the Chief of Police and Town Clerk either on its own initiative or at the
recommendation of the Town Manager.
Change must be amended by referendum.
Charter Review Board Regular Meeting Minutes
Tuesday, July 10, 2012 Page 4 of 6
Section 4.02 — Mayor
Insert "Mayor shall designate a then current employee to act"
Remove "Town Clerk shall act"
Change must be amended by referendum.
Section 4.03 — Chief of Police, Employment, etc.
The Commission shall have the right and authority to employ a Town
Chief of Police. Upon vacancy in the position of Police Chief, the Town Manager shall
present to the Town Commission a ranked list of uo to five qualified all applicants for
that position. The Town Commission may terminate the employment the Chief of Police
where notice of the proposed action and reasons therefore are provided to the Chief of
Police at least five (5) calendar days prior to the meeting at which the termination is to be
decided. At such meeting the Chief maypresent a written statement of evidence
challenging such termination prior to the vote beingtaken.
aken.
Change must be amended by referendum.
Section 4.04 — Power of Arrest in "Hot Pursuit." — No change
5. APPROVAL OF MINUTES:
Member Stern stated that on page 3 — under (30) Funding Limitation — it should read
"Town's total General Fund Budget."
MOTION: Member Stern moved to accept the minutes of June 28, 2012 as amended;
seconded by Member Engelhardt.
A voice vote taken with all in favor.
6. OLD BUISNESS
7. NEW BUSINESS
Section 5.01— Authority to Enact, Procedure; etc. — No change.
Section 5.02 — Franchises; Notice; Limitation — No change.
Section 5.03 — Record of Ordinances; Rules of Evidence — No change.
Charter Review Board Regular Meeting Minutes
Tuesday, July 10, 2012 Paee 5 of 6
ARTICLE VI. — BONDS
Section 6.01— Purposes; Election; Exceptions — No change.
ARTICLE VII. - REVENUE AND TAXATION
Section 7.01— Taxing Authority — No change.
Section 7.02 — Taxation Authority — No change.
Section 7.03 — Annual Millage Limit.
Change "not to exceed seven and one-half (7 %)"mills on a dollar"
MOTION: Member Svenstrup moved to raise the rate "not to exceed to 7.5 mills."
Motion seconded by Member Samuels.
ROLL CALL:
R. Svenstrup -
Yes
R. Samuels -
Yes
D. Stern -
No
E. Engelhardt -
No
R. Clark -
Yes
Motion passed with a 3-2
vote.
ARTICLE VIII. — STREETS
Section 8.01—Town Created an Independent Road District — No change.
Section 8.02 — Control and Supervision of Streets, etc. — No change.
ARTICLE IX — MISCELLANEOUS
Section 9.01— General Laws Applicable — No change.
Section 9.02 — Contract for Expenditure Limited — No change
Section 9.03 — Limitation on Legal Action Against Town; etc.
Insert: No "tort" suit
Insert: "such other applicable law"
Section 9.04 — Savings Clause No change
Section 9.05 — Evidence of Notice — No change.
Section 9.06 — Legal rights — No change.
Charter Review Board Regular Meeting Minutes
Tuesday, July 10, 2012 Page 6 of 6
ARTICLE X — INITIATIVE, REFERENDUM AND, RECALL
Section 10.01— Initiative, Referendum and Recall - No change.
ARTICLE XI. - REVIEW OF THE CHARTER
Section 11.01— Review of Charter — No change.
MEETING SCHEDULE:
Consensus was to schedule the next meeting on Tuesday, July 17, 2012 at 12:30 PM.
8. ADJOURNMENT:
Upon a motion made by Member Stern and seconded by Member Engelhardt,
the meeting was adjourned at 11:10 AM.
APPROVED:
Ronald Clark, Chairman
David Stern,Member
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Rosalind Svenstrup, Member
ATTES D:
everly M. rown, MMC
Town Cle
Date: July 17, 2012