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2021.07.19_CRB_Minutes_Regularo4N1GH( A 11; TOWN OF HIGHLAND BEACH TOWN CHARTER REVIEW BOARD MEETING N MINUTES FL O Rvo' Town Hall / Commission Chambers Date: July 12, 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 called the meeting to order at 2:01 P.M. 2. RPRESENT UPON ROLL CALL Board Member Richard Greenwald Board Member Ronald Reame Board Member Khi Thai Vice Chairperson Eve Rosen (joined at 2:08 P.M.) Chairperson Barry Donaldson Town Manager Marshall Labadie Town Attorney Glen Torcivia Town Clerk Lanelda Gaskins 3. PLEDGE OF ALLEGIANCE The Board led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA MOTION: Reame/Greenwald - To approve the agenda as presented. The motion passed on a 4 to 0 vote. 5. PUBLIC COMMENTS Chairperson Donaldson called for public comments. Town Clerk Gaskins mentioned that there were no preregistered comments. 6. APPROVAL OF MEETING MINUTES A. June 09, 2021, Charter Review Board Meeting Minutes MOTION: Reame/Greenwald - To approve the June 09, 2021, Meeting Minutes. Charter Review Board Meeting Minutes Date: July 12, 2021 Page 2 of 5 The motion passed a 4 to 0 vote. B. June 21, 2021, Charter Review Board Meeting Minutes MOTION: Reame/Greenwald - To approve the June 21, 2021 , Meeting Minutes. The motion passed on a 4 to 0 vote. 7. UNFINISHED BUSINESS A. Continued discussion on the Charter Sections Recommended for Review. For more information about the following items, please visit the Town's Media Archives & Minutes webpage at to access and view the audio/video recording. Structure of the Town's Code of Ordinances Table of Contents There were discussions about the Town's website as it relates to the Town's Code of Ordinances Table of Contents specific to Part I — Charter, Part II, and Part III. Board Member Thai suggested to modify the Table of Contents as follows: Part I —Charter, Part II — Ordinances and Codes. Chairperson Donaldson asked for a recommendation approved by the Charter Review Board Members to the Town Commission regarding an examination of the organization of the Town's Charter. MOTION: — Reame/Rosen — To approve the recommendation of the Charter Review Board for the Town Commission to examine the organization of the Town's Charter. Upon roll call, the motion passed on a 5 to 0 vote. Article III. — Municipal Organization and Officers and Article IV. — Suspension and Discharge of Personnel; Police Powers There were discussions about possibly restructuring several subsections in Article III and Article IV. However, there were no actions taken. Article II — Municipal Powers, No. 21 — Town Manager and Article III. — Municipal Organization and Officers, Section 3.01 — Town Manager Board Member Thai explained that two sentences were replicated in above-referenced Articles. The Board took no action on this subject matter. Charter Review Board Meeting Minutes Date: July 12, 2021 Page 3 of 5 Section 1.06(3) — Town Commission Terms of Office There were discussions about the following language. No person may serve more than three (3) successive elected full terms as Mayor. No person may serve more than three (3) successive elected full terms as Vice Mayor. No person may serve more than three (3) successive elected full terms as Commissioner. The aforesaid term limitations regarding the offices of Mayor, Vice Mayor and Commissioner shall not include any appointments by the governing body to fill unexpired terms. The offices of Mayor, Vice Mayor and Commission member shall be considered separate offices for the purpose of consecutive term limits set forth in this section. No person shall serve more than twelve (12) consecutive years as a town elected official. After not serving as an elected official for one year, said person shall be eligible to serve as an elected official. MOTION: Greenwald/Thai - To accept this language with the addition that it goes into effect when the referendum is passed. The Board Members clarified that this would apply to those who are in office on the day the referendum is passed. Upon roll call, the motion on a passed 5 to 0 vote. Section 1.07 - Rules of Procedures; Quorum; Meetings. There were discussions as it relates the using the word "should" versus "shall" in Town's Charter. MOTION: Greenwald/Rosen - To change the language to "shall." Upon roll call, the motion passed on a 3 to 2 with Member Reame and Chairperson Donaldson dissenting. Section 2.01 (9) Fire and rescue protection There were discussions about preventing the Town Commission from selling/outsourcing the three essential services such as police, fire-rescue, and water departments and requiring a public referendum for the same. Town Attorney Torcivia will draft some additional language and bring it back to the Board at the next meeting. MOTION: Greenwald/Reame — To suggest to the Town Commission that the Town cannot outsource the police, fire-rescue, and water services without a public referendum. Chairperson Rosen clarified a change in control of the police, fire-rescue, and water would only be done by referendum. Charter Review Board Meeting Minutes Date: July 12, 2021 Page 4 of 5 Upon roll call, the motion passed on a 5 to 0 vote. Section 2.01 (3) Funding Limitation. Mayor Douglas Hillman provided comments as it relates to control. There were discussions about the funding limitation and the following language. 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 settlement. Such election shall only be held between November 1 of a given year through April 1 of the following year. MOTION: Reame/Rosen — To take the language/the changes here, the 10% of the Town's combined operating and enterprise fund budgets. The motion accepts the proposed language as written above.) Upon roll call, the motion passed 4 to 1 with Member Greenwald dissenting. Section 3.02 (1) Payment of lawful debts 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 Finance Director. A commissioner shall sign checks in the absence of the Town Manager. In the absence or inability of either the Town Manager or the Finance Director, the signatures of one (1) member of the Town Commission are required. MOTION: Greenwald/Thai - To approve the proposed language. Upon roll call, the motion passed on a 5 to 0 vote. Section 3.05 Salaries of Commissioners and Mayor MOTION: Reame/Rosen — That the salaries of the Commissioners and Mayor be approved by voter referendum. Upon roll call, the motion passed on a 4 to 1 vote with Member Greenwald dissenting. Charter Review Board Meeting Minutes Date: July 12, 2021 Page 5 of 5 Multiple Sections Fire Department 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, in accordance with the Town's Personnel Rules and Regulations. MOTION: Reame/Rosen - To approve the modified language. Upon roll call, the motion passed on a 5 to 0 vote. 8. ADJOURNMENT Next Meeting — July 19, 2021 @ 2:00 p.m. MOTION: Greenwald — To adjourn the meeting. The meeting was adjourned at 4:23 P.M. APPROVED at the August 2, 2021, Charter Review Board Meeting. GHLAry 1491 Q0QI?CRAP*PORAT'• (0, I;) s0....:70 1949 ? ot ATTEST: SEA •'• Barry Dona dson, Chairperson FOR\ O?- AN Transcribed by Lanelda Gaskins Lanelda Gaskins; MC 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://highiandbeach-fl.municodemeetings.com, .