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2021.06.09_CRB_Minutes_Regularv,lGH442,TOWN OF HIGHLAND BEACH o TOWN CHARTER REVIEW BOARD MEETING MINUTES FLORio , Town Hall / Commission Chambers Date: June 09, 2021 3614 South Ocean Boulevard Time: 2:00 PM Highland Beach, Florida 33487 Disclaimer: The Board took no action at this meeting. 1. CALL TO ORDER Chairperson Donaldson called the meeting to order at 2:00 P.M. 2. PRESENT UPON CALL Board Member Richard Greenwald Board Member Eve Rosen Board Member Ronald Reame (joined virtually at 2:38 P.M.) Board Member Barry Donaldson Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins ABSENT Board Member Khi Thai 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA MOTION: Greenwald/Rosen — To approve the agenda as presented. The motion passed unanimously 3 to 0. 5. PUBLIC COMMENTS Chairperson Donaldson called for public comments. Town Clerk Gaskins stated there were no preregistered public comments. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 2 of 8 6. APPROVAL OF MEETING MINUTES A. May 26, 2021, Charter Review Board Meeting Minutes There were comments about the Meeting Minutes, and the Board suggested adding a disclaimer in front of the minutes stating, "the Board took no action at the meeting." In addition, the Meeting Minutes needed to be modified and will be put on the next agenda. 7. UNFINISHED BUSINESS Chairperson Donaldson read the titles of each of the following Charter Review Sections. The Board Members, Town Staff, and Town Attorney resumed their discussions on each section. The Board took no formal action at this meeting. A. Continued Discussion on the Charter Sections Recommended for Review by Town Commission and Town Manager. Section 1.06 (3) Consideration to increase the number of consecutive terms to three (3) successive elected full 3-year terms for the office of Mayor-Commissioner, Vice Mayor- Commissioner, and Commissioner. Board Member Greenwald stated what the Board could agree that the terms in office should be long enough to provide for a learning curve and effective leadership and that the allowed lengths of consecutive service should be sufficient to provide adequate continuity and allow for institutional memory. However, the terms should be staggered and short enough to allow for an effective rate of turnover. Consideration should be given to the required breaks in service on the Commission, which are not required now. Section 1.06 (5) Consideration: Consideration to increase the residency requirement to two years immediately preceding the beginning of the qualification period for a person eligible for election as Commissioner or two years immediately preceding the effective date of any appointment as Commissioner. Currently, the requirement is one (1) year. Item removed from the list. Section 1.06 (11) Consideration: Modify to read, "In case of Commission vacancy, the seat will remain open until the next general election if said seat becomes vacant less than 3 months prior to election. If more than 3 months until the general election, the seat shall be filled temporarily by Commission appointment." Improve consistency on how vacant seats become filled. Item removed from the list. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 3 of 8 Section 2.01 (6) Fills Consideration: Discuss as remaining open lands are predominately owned by the county and are mangroves or other such environmentally sensitive areas that may need to be protected for water quality and quantity purposes. Item removed from the list. 2.01 (9) Fire and rescue protection Section 2.01 (9) Fire and rescue protection Consideration: Include a provision that requires voter approval to enter into an interlocal agreement for the provision of all fire rescue services or police services. Town Attorney Torcivia will prepare a potential list of critical infrastructure areas that might be subject to this, such as police, fire, possibly water, and any additional ones that might fall into this category. Board Member Greenwald mentioned consideration as opposed to a referendum, consideration for a supermajority in the Town Commission making those decisions as a possibility. Town Manager Labadie noted tying it to the funding limitation, and anything that exceeds the funding limitation amount would require a four-fifths supermajority. Section 2.01 (14) Drainage Consideration: Strengthen the language and include enforcement. Section 2.01 (30) Funding limitation Consideration: Increase the funding limitation from the current $350,000 for any single project or cumulative projects to a higher amount established as a percentage of the operating budget of the Town. Suggested Modification — Maintenance projects would be limited to no more than 10% of the combined operating and enterprise fund budgets. All other Town projects would be limited to no more than 7.5% of the operating budget including the expansion of Town services. Town Manager Labadie will provide the Board with a chart of historical data on some projects that the Town has undertaken at the $350,000 spending limitation and forthcoming projects that are above or under the $350,000 spending limit. In addition, the Board asked Town staff to obtain some information on what the state statutory or safeguards are in terms of debt and finding bonds. What the current requirement is for referendums in terms of how much debt the Town has to acquire to require a referendum. Town staff will provide more information at the next meeting. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 4 of 8 Section 3.02 (1) Payment of lawful debts Consideration: Grant the Finance Director and Town Manager the option of signing checks (electronic). Financial management systems, dual authentication and security have allowed for assurances needed to allow payments without Commissioner signature. Also, the Finance Director and Town Manager are bonded while Commissioners are not. Allow the Town Manager and Finance Director the option of signing checks. Section 3.05 Salaries of Commissioners and Mayor Consideration: This provision was adopted by ordinance when it should have been adopted by voter referendum. Town staff will provide additional language for further discussion at the next meeting. Section 4.02 Mayor Consideration: Change this language to read "Section 4.02 Commissioners" and state that a vote of 3 or more Commissioners is required to suspend the Town Manager and that just cause must be shown at a public meeting or special meeting. Item removed from the list. Multiple Sections Fire Department Consideration: Addition of Section 4.04 Fire Chief, Employment; Fire Chief Powers, or, add language to Section 4.01 Town Manager stating the Fire Chief is hired and discharged by the Commission similar to that of the Chief of Police and Town Clerk. Further, should certain positions be moved out the direct control of the Commission and be moved under the administrative authority of the Town Manager as we move to a full-service municipal structure. Should language be added to creation of public safety department? Town Manager Labadie and Town Attorney Torcivia will put some language together to include options with language related to grandfathering in the existing Chief of Police and Town Clerk positions and future positions to be hired by the Town Manager. Section 5.01 (c) calling a special meeting Consideration: Modify language so that a special meeting may be called by the Mayor, Town Manager or a single Commissioner (rather than three Commissioners.) Item removed from the list. 8. NEW BUSINESS Charter Review Board Meeting Minutes Date: June 09, 2021 Page 5 of 8 The Board discussed several provisions, had no comments, or took no action on the following items. A. Article I. - General Provisions Section 1.01 - Town Established; Corporate Limits. Section 1.02 - Corporate Limits Extended. Section 1.03 - Same—Municipal Authority Vested. Section1.04 - Same—Privileges and Liabilities of Laws Annexed. Section 1.05 - Corporate Authority in General. Section 1.06 -Town Commission Created; Election; Terms; Town Clerk; Qualifications of Electors; General Election Law. This section includes subcategories (1) through (11). Section 1.06 (4) Item will be added to the list further consideration. Section 1.07 - Rules of Procedure; Quorum; Meetings Section 1.08 - Oath of Office B. Article II. - Municipal Powers Section 2.01 - Enumeration of Powers. This section includes subcategories 1 through 30. 16) – License Taxes. Town Manager Labadie will provide the Board Members with the provision related to regulating certain facilities in the Town. C. Article III. - Municipal Organization and Officers Section 3.01 –Town Manager. Section 3.02 - Finance Director—Employment and Responsibilities. This section includes subcategories 1 through 3. Town Attorney and Town Clerk will compare their list of provisions historically adopted by referendum versus ordinance. Town Attorney Torcivia suggested providing a list of the provisions not adopted by a referendum. Section 3.03 - Departments of the Town. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 6 of 8 Section 3.04. - Reserved. Section 3.05. - Salaries of Commissioners and Mayor. Section 3.06. - Performance Bonds. Section 3.07. - Fiscal Year. Section 3.08. - Creation and Abolishment of Offices; Appointment of Officers; Salaries; Bonds. D. Article IV. - Suspension and Discharge of Personnel; Police Powers Further discussion may continue at a future meeting. Section 4.01. - Town Manager. Section 4.02. - Mayor. Section 4.03. - Chief of Police, Employment; Chief of Police and Police Officers' Duties; Power of Arrest; Duties. Sec. 4.04. - Power of Arrest in "Hot Pursuit." E. Article V. — Ordinances Section 5.01. - Authority to Enact; Procedure; Execution; Posting; Emergency Ordinances. Section 5.02. - Franchises; Notice; Limitation. Section 5.03. - Record of Ordinances; Rule of Evidence. F. Article VI. — Bonds Section 6.01. - Purposes; Election; Exceptions. G. Article VII. - Revenue and Taxation Section 7.01. - Taxing Authority. Section 7.02. - Taxation of Property. Section 7.03. - Annual Millage Limit. Section 7.04. - Lien of Taxes. H. Article VIII. — Streets Section 8.01. - Town Created an Independent Road District. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 7 of 8 Section 8.02. - Control and Supervision of Streets, Assessments, Etc. I. Article IX. — Miscellaneous Section 9.01. - General Laws Applicable. Section 9.02. - Contract for Expenditures Limited. Section 9.03. - Limitation on Legal Action Against Town, Notice of Action. Section 9.04. - Savings Clause. Section 9.05. - Evidence of Notice. Section 9.06. - Legal Rights. J. Article X. — Initiative, Referendum and Recall Section 10.01 K. Article Xl. — Review of Charter Section 11.01 - Review of Charter 9. ANNOUNCEMENTS Chairperson Donaldson read the following announcement. A. Next Meeting: June 21, 2021 - 2:00 P.M. Charter Review Board Meeting Minutes Date: June 09, 2021 Page 8 of 8 10. ADJOURNMENT The meeting was adjourned at 4:58 P.M. GNLgN 11O O •• RP o Rq •. B o; 1949 i= ATTEST: SEAL arty Donaldson, Chairperson t1k‘\;LOORNI" Transcribed by Lanelda Gaskins 7 f ,a 21 n: da Gaskins, MM'Date Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of the meeting. Verbatim audio/video of this meeting can be found on the town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com;.