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2021.06.21_CRB_Minutes_Regularo W.GHL q TOWN OF HIGHLAND BEACH g-'TOWN CHARTER REVIEW BOARD MEETING N 2'• MINUTES FLORios Town Hall / Commission Chambers Date: June 21, 2021 3614 South Ocean Boulevard Time: 2:00 PM Highland Beach, Florida 33487 Disclaimer: The Board took no action on some of the items at this meeting. 1. CALL TO ORDER Vice Chairperson Rosen called the meeting to order at 2:00 P.M. 2. PRESENT UPON ROLL CALL Board Member Ronald Reame (joined virtually at 2:03 p.m.) Board Member Richard Greenwald Board Member Khi Thai Vice Chairperson Eve Rosen Town Attorney Glen Torcivia Town Manager Marshall Labadie Town Clerk Lanelda Gaskins ABSENT Chairperson Barry Donaldson 3. PLEDGE OF ALLEGIANCE The Board led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA MOTION: Greenwald/Thai - To approve the agenda as presented. The motion passed unanimously 4 to 0. 5. PUBLIC COMMENTS Vice Chairperson Rosen called for public comments. Town Clerk Gaskins stated that there were no preregistrations for public comments. Charter Review Board Meeting Minutes Date: June 21, 2021 Page 2 of 5 6. APPROVAL OF MEETING MINUTES A. May 26, 2021, Charter Review Board Meeting Minutes MOTION: Thai/Greenwald - To approve the May 26, 2021, minutes as presented. The motion passed unanimously 4 to 0. 7. UNFINISHED BUSINESS A. Continued discussion on the Charter Sections Recommended for Review. Vice Chairperson Rosen read the titles of each of the following Charter Sections. The Board Members, Town Staff, and Town Attorney discussed each section. For more information about the following items, please visit the Town's Media Archives & Minutes webpage at https://highlandbeach-fl.municodemeetings.com/to access and view the audio/video recording. Section 1.06(3) Consideration to increase the number of consecutive terms to three (3) successive elected full three-year terms for the office of Mayor-Commissioner, Vice Mayor- Commissioner, and Commissioner. There were discussions about expanding the terms of office to three successive elected full terms for three consecutive terms and up to 12 consecutive years regardless of position with a one-year cooling-off period (hiatus). MOTION: Reame/Thai — Town Manager Labadie and Town Attorney Torcivia to draft some language regarding the terms and present the draft language at the next meeting. Section 1.07 — Rules of Procedures; Quorum; Meetings. There were discussions about the language in the last sentence of Section 1.07 regarding the word "should" and consideration to use the word "shall" instead of"should." Town Clerk Gaskins will email the board members the ordinance related to Town Commission meetings. Section 2.01 (9) Fire and rescue protection Consideration to include a provision that requires voter approval to enter into an interlocal agreement for the provision of all fire rescue services and/or police services. There were discussions about interlocal agreements and protecting essential services such as police, fire, water, and sewer departments. Also, there were discussions as it Charter Review Board Meeting Minutes Date: June 21, 2021 Page 3 of 5 relates to drafting some language that would 1) create a provision defining essential services, 2) protect the police, fire, and water and sewer departments, and prevent outsourcing of those departments by requiring a referendum or a four-fifths majority vote of the Town Commission, and 3) establish a process related to labor concerns that would allow a certain period of time for the decision to made by a referendum. Vice Chairperson Rosen clarified what has been discussed were the three possibilities related to essential services, to either go with a straight four-fifths majority, go through an automatic need for a referendum, or go through the hybrid version of a supermajority with a holding period and the opportunity for the voters to petition for a referendum. MOTION: Greenwald/Thai —Town Attorney Torcivia to draft some language. Section 2.01 (30) Funding Limitation Consideration to 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 Town's operating budget. Suggested Modifications — 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. Vice Chairperson Rosen asked the Town Attorney Torcivia to draft language related to capital and maintenance exposure limitation of ten percent of the annual budget. Town Manager Labadie explained that Finance Director Lalla could get some language to Town Attorney Torcivia. Vice Chairperson Rosen suggested some alternative language that refers to the general funds or all funds, and she deferred to Finance Director Lalla for that language. Town Attorney Torcivia clarified whether the Board was interested in the ten percent and removing the language "Any single project or cumulation of projects, or extension of Town services from the provisions of Section 2.01 (30) and replacing the language with "Any capital or maintenance expenditures in any given fiscal year, etc. Vice Chairperson called for a motion for the Town Attorney to draft both alternatives in terms of expenditure and to remove the ambiguous language or leave the language so the Board can review appropriate language. Charter Review Board Meeting Minutes Date: June 21, 2021 Page 4 of 5 MOTION: Rosen/Thai — Town Attorney to draft some language to address the ten percent limitation on expenditures as being from one or two sources either from the general budget or total enterprise fund first and second whether we can have the language in terms of what defines a project as it currently exists for capital or maintenance expenditures with no additional description. Sec. 3.02 (1) Payment of lawful debts Consideration to 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. MOTION: Thai/Greenwald — Checks to be solely signed by the Finance Director and Town Manager. The motion passed unanimously. Town Attorney Torcivia will draft some language regarding this matter and present the draft language at the next meeting. Section 3.05 Salaries of Commissioners and Mayor Consideration: This provision was adopted by ordinance when it should have been adopted by voter referendum. Vice Chairperson Rosen called for a motion for the Town Attorney to draft a proposal on the limitation of the effective date of any salary increase voted on by the Town Commission for themselves such that it does not take effect until the beginning of a subsequent term for that commissioner or mayor. MOTION: Greenwald/Thai — Moved the motion. 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 of 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 the creation of the public safety department? Vice Chairperson Rosen proposed a motion for the drafting of a provision for all positions to report to the Town Manager with the caveat subject to grandfathering in of the present position of the Town Clerk and Chief of Police reporting to the Town Commission but that such positions would ultimately report to the Town Manager after that. In addition, Town Charter Review Board Meeting Minutes Date: June 21, 2021 Page 5 of 5 Attorney Torcivia to draft language with the two alternatives such as grandfathering in of the present positions and without those positions. MOTION: Greenwald/Reame - Moved the motion. 8. NEW BUSINESS A. None 9. ANNOUNCEMENTS Next Meeting - July 12, 2021 - 2:00 P.M. 10. ADJOURNMENT The meeting was adjourned at 4:04 P.M. APPROVED at the July 12, 2021, Charter Review Board Meeting. y\IGHL 0; 1949 :_ 1, 1,•. SEAL * u ATTEST: LORION arty Don.l. .n, airperson Transcribed by Lanelda Gaskins CA 0-41-4-1/1L- 41" ai-4A-4-'' Lan:lda Gaskins, "VC 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/.