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Minutes 08-28-25 MINUTES OF THE BOYNTON BEACH CHARTER REVIEW COMMITTEE MEETING HELD ON THURSDAY, AUGUST 28, 2025, AT 7:00 P.M. IN CITY COMMISSION CHAMBERS, 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA PRESENT: Jerry Taylor, Chair Shawna Lamb, City Attorney David Katz, Vice Chair Ian Gregorchik, Assistant City Attorney Reverend Richard Dames Dr. Phyllis T. Pacilli Angela Troyanowski 1. Call to Order Chair Taylor called the meeting to order at 7:00 PM A. Roll Call The Minutes Specialist called the Roll. A quorum was present. Reverend Dames gave the Invocation. 2. Approval of Meeting Minutes A. Meeting Minutes Approve the minutes from the August 21, 2025, Charter Review Committee Meeting. Motion Vice Chair Katz moved to approve the minutes. Dr. Pacilli seconded the motion. The motion passed unanimously. 3. Discussion Items A. Five Charter Review Items of Interest Each Committee member is to discuss five Charter Review Items of interest. Chair Taylor thanked the City Attorney for the memo about what is included in the Charter. He noted items raised by some of the members at the last meeting are covered in the City's Comprehensive Plan. He read the definition of the comprehensive plan for the Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 edification of the members and said the Comprehensive Plan covers things like annexation. Chair Taylor spoke about residency and noted on page 2, addressing the one year living in the City requirement, he would like to add the word continuously there. Vice Chair Katz agreed and supported requesting three years residency. He stated that there is a town in the county that has a two year residency and he wanted to push it forward to the City Attorney to bring to the Commission. Chair Taylor, Dr. Pacilli and Ms. Troyanowski agreed. Ms. Troyanowski commented that Doral and West Palm Beach require two years. Chair Taylor referenced Section 3 on page two, and item B to say"not less than one year," to add continuously and B "one year prior to filing . . . " add continuously there. Ms. Lamb said she will come up with proposed language and then the committee can vote on the proposed language. Chair Taylor referenced page 6, Item 6 A is contusing. It says "first municipal election," means the first Tuesday in November of the calendar year. He said that we hold elections in March. Ms. Lamb agreed and said it needs to be updated, corrected and has to go to referendum, Chair Taylor commented on page 7, it says the "Vice Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the Commission." He said that every year they appoint a new Vice Mayor. Ms. Lamb stated that they have been voting on the Vice Mayor at the first meeting after the general election, but it is only for a one year term. There was agreement it should be clarified. Chair Taylor spoke about page 9, General Provisions, Section 20, which says the Commission elects the City Manager and City Attorney, but all other city employees shall be hired, appointed, and discharged by the City Manager. He noted the Legal Department has staff that reports to the City Attorney, and he asked if the City Manager hires those individuals. Ms. Lamb explained that she hires her staff the same way any other department head does, but she cannot terminate them unless the City Manager agrees. She clarified that the City Manager is the Chief Officer of the City who gives approvals to hire and fire employees because all of the employees work for him, but only the City Commission can discharge the City Attorney. 2 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 A suggestion was made to clarify the language in that section. Ms. Lamb spoke about Section 23, City Attorney Duties, and said it needs to be clarified that she works for a Board and not one person, and that she represents the City. She said that even the numbering in the Charter is antiquated and needs to be cleaned up as sections were reserved and deleted, but commented that his item does not need to be ready for October. Chair Taylor pointed out on page 10, Item B, the last line should be changed as it reads "may be appointed by him." and should say "him/her" or "City Attorney." He said that he had noted seven different places where it refers to the City Attorney as him. Ms. Lamb agreed a language clean up was warranted and pointed out the preferred language is to say whoever they shall choose. Vice Chair Katz commented on Section 3, Item C and said that to get elected to the US House of Representative, one must be 25, and the City's Charter says 21. He commented that he was not comfortable with a 21 year old handling the City's budget and he suggested changing it to 25. Ms. Lamb pointed out that with regard to voting rights, one must have a compelling government interest to do so. She noted that one can vote at 18, but has to be 21 to serve. She said there could be an equal protection and a voting issue. She said the budget may be a compelling issue. The Florida State House age requirement is 18 years old. She agreed to conduct research. Reverend Dames expressed concern, if there is a 21 year old Chair that is mature, if the Board is alienating the individual. Ms. Lamb clarified one must be 21 to serve in the Florida Legislature and she will put a memo about it together. Vice Chair Katz commented on Section 5, Terms. He said when the City was smaller, terms were two years, when they went to single-member districts, the terms were three years, He said for continuity, there is no continuity and he liked two four-year terms. Chair Taylor favored three years and said elections are staggered. Ms. Troyanowski asked if there would there be budget implications. Ms. Lamb said it would be less expensive. Ms. Troyanowski said that assuming they did have three to four year terms, they would have to reign in term limits, define what constitutes a term, and think about appointments. 3 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 She inquired if one serves more than half the term, if it is considered one full term and discussion followed. Ms. Lamb explained that if one serves more than half the term, it counts as a full term, and the language would not need to be changed if the terms were three or four years. It was also noted it would apply if someone was appointed. Chair Taylor noted that Section B, page 5, Terms of Elected Offices, it says an elective office during any part of a three year elected term shall be deemed to constitute a full and complete term. There was discussion individuals may not wish to be appointed because they may want to run later. Dr. Pacilli liked a day longer than half. She liked the continuity and saving money, but she asked if someone can serve two terms, sit out, and then run for mayor. She thought if a commissioner serves two terms and then wants to run for mayor, it is a different seat and it does not say they cannot. She said the language should be clarified. There was agreement to modify the language regarding four-year terms and give it to the Commission to decide and to define what constitutes a term. Ms. Lamb recommended not designating 18 months and saying more than one half of the term constitutes a full term. She noted that currently the Charter says any portion, which could be a day. Vice Chair Katz spoke about General Provisions on page 9, Section 20, and stated that it should be in Charter that a super majority vote is required to hire or fire the City Manager, not via Ordinance form. He wanted it in Charter. Ms. Lamb noted that the ordinance says City Manager and City Attorney. All agreed. Vice Chair Katz spoke about citizen petitions and asked how many citizen signatures were needed to add something in the Charter. Ms. Lamb responded that it was not clear and it was the same thing for recalling candidates. She said she was unsure and thought it may be 20% of the electors of the subject district. Ms. Lamb said Sections 42, 43 and 44 are all vague. There was discussion what constitutes winning an election and noted that it says 51%. She suggested it say a majority vote to win, especially if there are three people running. She said run-offs, cost more money. 4 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 Chair Katz said if you have 35% of the vote and it was a multi person election, it means 65% of voters did not want the candidate. He gave the history of what the City had. It is currently 50% plus one. There was agreement it should remain 50% plus one. Ms. Lamb said they need to clarify when candidates take office. She said that a person could be elected in March and installed the second meeting in March, and then another candidate that had run off would start in April. She asked if everyone who is elected should start in April. There was agreement the first person should not have to wait for the second candidate to be installed two weeks later. Vice Chair Katz commented on Sec 140, on page 23 under Reserve, which he read and asked if it was constitutional. Ms. Lamb said it was repealed. Ms. Troyanowski reiterated some points and asked if increasing terms to four years is what they want. Ms. Troyanowski wanted to add language after serving two terms, one must sit out a term to run again and for when a commissioner transitions to mayor Ms. Lamb said that they can have someone who has to resign their commission seat to run for mayor, but if a commissioner served one term, was elected to a second term, but wants to run for mayor, they would lose part of their term, and if language is clarified that if they serve for less than half the term, it is not a full term, they do not have to sit out. She said that right now, they have to sit out one year, and it would only pertain to when a commissioner is running for mayor. Ms. Lamb said they would look at sample language. All agreed. Ms. Troyanowski also agreed Section 20 a, b, and c, and Section 21 needed clarification and they should add language about the City's form of government. She read examples All agreed. Ms. Troyanowski spoke about the compensation amounts for the mayor and commissioners. She favored putting the compensation in ordinance form. She said other cities use ordinances versus the Charter, but she noted that there was really no time to get that done. Vice Chair Katz said the salary is decided by the voters and it could be a political football if done via ordinance. 5 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 Chair Taylor pointed out that all of their salaries increase every year by the Consumer Price Index. Vice Chair Katz said that there was an attempt to change this by the former mayor, but it did not work. He said that when someone runs for local office, it is not for money, it is for service, not enrichment. As to the job of the City Manager and Commission, it is considered a part time job, although it is leaning towards full time. Ms. Troyanowski said for the future, they should address who is the authority for emergency powers in the Charter. Ms. Lamb stated they have an emergency powers ordinance drafted but not yet brought to the Commission. She stated that statute already governs that, so they must be cautious the ordinance must be generic Ms. Troyanowski thought for other items that could be addressed later, they should talk about transparency, the outdated language about posting notices in newspapers, and said it is not what is done in practice. She noted the Charter references to city elections, but they use county elections now so it needs to be changed, and that it is not clear what happens when there is a vacancy and what the timeline is. Vice Chair Katz pointed out it says the commission get two meetings to fill a vacancy, and if an appointment is not made, an election is scheduled. Ms. Lamb said that she will get back to the Board. Reverend Dames wanted clarity on Section 4, which he read. He commented there are rules of decorum when the public speaks, but not the same regulations for those on the dais. Ms. Lamb said there is no written Code of Conduct, and they would need to create a policy how the other commissioners could judge other commission members, and what penalty, if any, would be imposed. She said it had been brought up, but she noted a reluctance to do so and did not know if it had changed. Reverend Dames said it is okay to disagree, but when the berating starts among the Commission, that is when something should be done. It was noted the mayor is supposed to control the members. Ms. Lamb pointed out that there is a Code of Conduct from the County and the State and officials sign that they will abide by it and it is up to the mayor to utilize it. Dr. Pacilli agreed and thought there should be a Code for officials established that delineates consequences and types of violations. 6 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 Reverend Dames asked, if the violation is repeated if there is any type of progressive discipline. Ms. Lamb said they could petition the governor to ask for removal, or they can use a recall vote, but noted the latter is more difficult. Vice Chair Katz said that there had been a member who was censured. Dr. Pacilli agreed with Reverend Dames that they need a Code of Conduct. Reverend Dames spoke about Section 7, and asked who is authorized to sign city contracts. Ms. Lamb said it depends on the monetary threshold and that there is a formal procurement process and it was recently changed. She commented that if it is under$75K for goods and services, the City Manager signs it, but that authority has been given to the City Manager via the City Commission through their approval of the procurement policy. She explained when the Mayor has to sign, but is not available, the Vice Mayor can sign. If they both are not available to sign, one of the City Commissioners can sign, and it is contained in a City Ordinance. Reverend Dames asked if members of the Commission are evaluated. Vice Chair Katz commented it is really done by the voters. Dr. Pacilli said that many of the items she wanted to mention were previously discussed. She advised that she worked on a preamble, and Ms. Lamb had sent a memo. She read her preamble. Chair Taylor gave the definition of an introductory statement. Dr. Pacilli said she was looking more at a Mission Vision statement than a historical perspective. Vice Chair Katz noted the statements in the preamble she read about DEI and digital equality have nothing to do with the Charter. Ms. Lamb read the Palm Beach County Preamble. Dr. Pacilli agreed to draft a shorter one for the City. Ms. Lamb stated Legal would send her some examples. Dr. Pacilli mentioned Section 21 and said that she did not see the annual budget audit and annual evaluation for the City Manager and City Attorney. 7 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 Ms. Lamb stated that both the City Attorney and City Manager evaluation is done every October. She said that it is part of their employment agreements. As to the annual budget audit, she advised that the State requires it be done every year and it is conducted by an outside auditor and the audit is submitted to the State. She commented that it is a State requirement and it would not be included in the Charter. 4. Public Comments Susan Oyer commented the residency requirement should be 3-5 years minimum. She said that she agreed with the 25 year of age requirement that was discussed and would support it being higher She agreed a clear definition of residency and continuous residency was needed as it pertained to elections. She agreed with the 50% +one voting results and suggested looking at Rank Choice Voting, noting it would save the cost of a special election. She noted the Charter does not list the duties of elected officials and thought there should be a list for the Mayor and the City Commissioners. She liked Commissioners having a one year gap and no more than two, three-year terms and thought there should be a methodology for determining the Vice Mayor and changing the election dates from November to March. She pointed out adding the word "or" in Section 9 to say one year "or" until the next General Election was needed. Ms. Lamb stated historically, Vice Mayors rotates in Districts district order. Octavia Bell, co-owner of the Kings Learning Center was present to discuss changes or solutions for food truck operators for when they host fundraisers. Ms. Bell was directed to the City Commission to address this matter. 5. Final Committee Comments Vice Chair Katz suggested for the next meeting, not having any more than five items on the ballot. Chair Taylor agreed. Ms. Lamb said that she would put together a list of what was brought up and then the members can rank them from the most important to the least. She wanted to focus on the five because staff has to draft the referendum language. The next meeting was set for Wednesday, September 3rd at 6:00 P.M. 6. Adjournment 8 Meeting Minutes Charter Review Committee Boynton Beach, Florida August 28, 2025 Motion Dr. Pacilli moved to adjourn. Vice Chair Katz seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:20 P.M. 0-atiLAVIU (IkUj2q, Catherine Cherry Minutes Specialist 9