2021.07.12_CRB_Minutes_Regular4iGHLa4 TOWN OF HIGHLAND BEACH
N TOWN CHARTER REVIEW BOARD MEETING
3949 MINUTES
e,LOR1
Town Hall / Commission Chambers Date: July 19, 2021
3614 South Ocean Boulevard Time: 2:00 PM
Highland Beach, Florida 33487
Disclaimer: The Board took actions at this meeting.
1. CALL TO ORDER
Chairperson Donaldson call the meeting to order at 2:00 P.M.
2. PRESENT UPON ROLL CALL
Board Member Richard Greenwald
Board Member Khi Thai
Board Member Ron Reame (virtually)
Vice Chairperson Eve Rosen
Chairperson Barry Donaldson
Town Attorney Glen Torcivia
Town Manager Marshall Labadie
Deputy Town Clerk Beverly Wright
3. PLEDGE OF ALLEGIANCE
The Board led the Pledge of Allegiance.
4. APPROVAL OF THE AGENDA
MOTION: Greenwald/Rosen - To approve the agenda as presented.
The motion passed on a 5 to 0 vote.
5. PUBLIC COMMENTS
Chairperson Donaldson called for public comments. Deputy Town Clerk Wright stated
that there were no written public comments.
6. UNFINISHED BUSINESS
A. Continued discussion on the Charter Sections Recommended for Review.
Charter Review Board Meeting Minutes
Date: July 19, 2021 Page 2 of 6
For more information about the following items, please visit the Town's Media Archives &
Minutes webpage at _ s.„to access and view
the audio/video recording.
Section 1.06 (3) — Terms of Office for Town Commission
At the July 12, 2021, meeting, the Board made a recommendation on this subject matter.
Therefore, they no additional comments on this matter.
Section 1.07 - Rules of Procedures; Quorum; Meetings.
At the July 12, 2021, meeting, the Board adopted language proposing to change the
Charter indicating that the Town Commission "shall" hold at least one (1) regular meeting
each month.
There were no further actions on this subject matter.
Section 2.01 (9) Fire and rescue protection
There were discussions on the following language related to Section 2.01 (9).
Fire and rescue protection. To provide for emergency rescue and for the prevention and
extinguishment of fires and to organize and establish fire rescue departments. The Town
may not outsource, abolish, merge with, sell, or otherwise transfer to any other entity the
essential services for Fire Rescue, Police or water unless approved by a referendum vote
of the electorate in accordance with Section 166.031, Florida Statutes, as amended from
time to time.
MOTON:Reame —To adopt the proposed language.
Further discussion ensued with regards to the language related to outsource, tweaking
the language to included not outsourcing managerial control and decision making.
Town Attorney Torcivia will modify the language and bring it back to the at the next
meeting.
The motion failed due to a lack of a second.
Section 2.01 (30) Funding Limitation.
At the July 12, 2021, meeting, the Board discussed and adopted the following changes:
Funding limitation. Any single project or cumulation of projects, or extension of Town
services requiring an allocation of more than 10% of the Town's combined operating and
enterprise fund budgets in any given fiscal year shall not be funded until the purposes
and amounts of such allocations shall first have been approved by the majority of votes
cast in an election of qualified 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
Charter Review Board Meeting Minutes
Date: July 19, 2021 Page 3 of 6
settlement. Such election shall only be held between November 1 of a given year through
April 1 of the following year.
There were no further actions on this subject matter.
Section 3.02 (1) Payment of Lawful debts
The Board discussed the following language and suggested slight modifications to the
language.
Payment of lawful debts. The Finance Director shall audit for propriety all accounts,
claims, and demands against the Town. The Finance Director will draw checks only on
the basis of duly approved invoices, claims or payrolls which checks will be valid only
when signed by the Town Manager and the Finance Director. If either the Town Manager
or the Finance Director is unavailable, then one of them must sign along with a member
of the Town Commission and one Commissioner. The Finance Director shall sign checks
in the absence of the Town Manager. In the absence or inability of both the Town
Manager and the Finance Director, the signature of one (1) members of the Town
Commission are authorized.
MOTION: Rosen/Greenwald - To adopt the language as amended.
Upon roll call, the motion passed on a 5 to 0 vote.
Section 3.05 - Salaries of Commissioners and Mayor
There were discussions about modifying the word "this act" in the following sentence to
read "the Charter."
The members of the Town Commission who are appointed and/or elected under the
provisions of this act shall receive such salaries as the Commission may determine by
ordinance from time to time."
MOTION: Thai/Reame — To approve the language.
Upon roll call, the motion passed on a 5 to 0 vote.
Multiple Sections Fire Department
Town Manager
There were discussions about the following proposed language.
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, 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. Upon vacancy in the position of Town
Charter Review Board Meeting Minutes
Date: July 19, 2021 Page 4 of 6
qualified applicants for that position. The Town Commission retains the power to hire and
e . - - •- = • - •-e-
Town Attorney Torcivia will present the modified language at the at the next meeting.
Section 4.01 — Town Manager and Section 4.03 — Chief of Police, Employment;
Chief of Police and Police Officers' Duties; Power of Arrest; Duties.
Town Manager Labadie inquired about changes to Sec. 4.01 and whether it was
necessary to modify Sec. 4.03 as it relates to the Police Chief. Town Attorney Torcivia
will bring back some modified language for consideration at the next meeting.
Section 7.01 — Annual Millage
Board Member Thai presented this item and suggested to increase the annual millage
rate to 10 mils in the Town's Charter.
Town Manager Labadie spoke about the statutory requirements as it relates to 10 mils
and raising the taxes.
The Board took no action on this subject matter.
Ranking of the Charter Sections Recommended for Review
The Board Members discussed and ranked the below Sections as follows:
Sec. 1.06 (3) — Terms for Office for Town Sec. 1.07 Rules of Procedures,
Commission Quorum and Meetings.
Sec. 2.01 (9) — Fire and rescue protection Sec. 2.01 — Funding Limitations
Sec. 3.02 (1) — Payment of Lawful debts Sec. 3.05 Salaries of
Commissioners and Mayor
Sec. 4.01 — Town Manager
Member Thai stated he had no order.
Member Greenwald's rankings:
1 Funding Limitations 2 Fire-Rescue Protection
3 Town Manager 4 Terms of Office
5 Payment of Lawful Debts 6 Rules of Procedure, Quorum
and Meetings
Charter Review Board Meeting Minutes
Date: July 19, 2021 Page 5 of 6
7 Salaries of Commissioners and
Mayor
Vice Chairperson Rosen's rankings:
1 Fire-Rescue Protection 2 Funding Limitations
3 Terms of Office 4 Payment of Lawful Debts
5 Town Manager 6 Rules of Procedure, Quorum
and Meetings
7 Salaries of Commissioners and
Mayor
Chairperson Donaldson's rankings:
1 Funding Limitations 2 Terms of Office
3 Fire-Rescue Protection 4 Town Manager
5 Payment of Lawful Debts 6 Salaries of Commissioners and
Mayor
7 Rules of Procedure, Quorum and
Meetings
Member Reame's ranking:
1 Fire-Rescue Protection 2 Funding Limitations
3 Terms of Office 4 Town Manager
5 Payment of Lawful Debts 6 Rules of Procedure, Quorum
and Meetings
7 Salaries of Commissioners and
Mayor
B. Draft Charter Review Board Report by Chairperson Donaldson
Chairperson Donaldson presented this item.
This item will be presented at the next Charter Review Board Meeting.
ANNOUCEMENTS
Coffee with the Mayor - August 5, 2021, at 9:00 A.M.
Charter Review Board Meeting Minutes
Date: July 19, 2021 Page 6 of 6
There were discussions about scheduling the next Charter Review Board meeting on
August 2, 2021.
Finance Director Lalla spoke about the truth in millage (TRIM). He will research some
information and email it to the Board Members and Town Commission.
7. ADJOURNMENT
The meeting was adjourned at 3:06 P.M.
APPROVED at the August 2, 2021, Charter Review Board Meeting.
A\PoR 'A0
01
o 1949 ;_ Ls
ATTEST:
r
Barry D.n.s.n, hairperson
SEAL.../*
tt1 ••FLORO"
Transcribed by Lanelda Gaskins
4 A 0,-/
a elda Gaskins, C Date
To n 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:
naps.//higniandbeach-fl.municodemeetings.com/.