2021.06.21_CRB_Minutes_Regularo
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TOWN OF HIGHLAND BEACH
g-'TOWN CHARTER REVIEW BOARD MEETING
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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.
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Transcribed by Lanelda Gaskins
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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/.