Loading...
HomeMy WebLinkAbout04-11-2016 CRC MinutesCMC* SEBAST� HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MINUTES APRIL 11, 2016,6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL Chairman Jones called the April 11, 2016 Charter Review Committee meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Absent: Fred Jones, Chairman Matthew Sims Beth Mitchell, Vice Chairman Nancy Munoz (excused) Carolyn Sartain -Anderson Albert lovino (excused) Mike Baran Also Present: Dan Dragonetti Robert Ginsburg, City Attorney Bruce Hoffman Jeanette Williams, City Clerk Louise Kautenburg Dick Krull Sergio Mote Frank Terranova Bob Zomok Chairman Jones announced the microphones had been adjusted to provide better volume. 4. AGENDA MODIFICATIONS - None 5. APPROVAL OF MINUTES i. March 14, 2016 Minutes MOTION by Ms. Mitchell and SECOND by Mr. Baran to approve the March 14, 2016 minutes carried with a unanimous voice vote. (11-0) 6. UNFINISHED BUSINESS - None 7. PUBLIC INPUT - None 8. NEW BUSINESS i. Review and Discuss Article V — General Provisions Sec. 5.01. - Severability of provisions. - No changes Sec. 5.02. - Effective date. — No changes Sec. 5.03. - Charter review committee. — No changes Ms. Mitchell stated that she found Mr. Zomok's memorandum interesting in that there are different approaches to a Charter Review Committee with participation consisting of 100-150 people. She asked if some of the model charter material was meant for larger municipalities. Mr. Zomok replied probably; he would like to see the model charter's citizen engagement suggestion go to the most appropriate person in the City to help with the next review. Charter Review Committee Meeting a 10. K April 11, 2016 Ms. Mitchell said there was a time that citizen input was received. The model charter's suggestion might be expensive for such an exercise. Chairman Jones asked if there were many members of the public that attended the required public hearings in the past. Ms. Kautenburg said there were two or three. The City Attorney said the public hearings would be advertised in the newspaper, on the website, lobby corkboard, the marquee, and in the Clerk's monthly calendar to help gain interest. ii. Review and Discuss Article VI - Transition Sec. 6.01. - Title to property reserved. — No changes Secs. 6.02, 6.03. - Reserved. Mr. Zomok said the current charter doesn't seem to protect incumbent current employees; but it can be demonstrated that the current charter should protect employees and the current charter should prevail. The City Attorney said that is correct but this section references ordinances that were in effect at 1979. Mr. Zomok asked under what circumstance transition would occur. The City Attorney replied that severability would stay as with any ordinance and can be used by the Court. He explained that at the last Charter Review he was inclined to take the section out but he left it in in case there are some old ordinances or reason to look back before 1979. Sec. 6.04. - Ordinances preserved. Sec. 6.05. - Continuation of former Charter provisions. Mr. Zomok asked if Article 6 is unnecessary. The City Attorney said there might be some old ordinances that preceded 1979 so there may be some use for Article 6.04 and 6.05. Mr. Terranova suggested they drop the three sections. The City Attorney explained that if there is a situation that they might need to reach back, these would be helpful especially if a whole revision was done in the future the transition would be needed. STAFF MATTERS - None COMMITTEE MEMBER MATTERS Mr. Zomok distributed his comments regarding the "running list" with the suggestions to be changed in bold. (See attached) He commented on how to get to four year terms; increasing Council compensation; changing the title of mayor to chairperson; and one year language for the chairperson/mayor. Ms. Mitchell stated that Mr. Zomok was commenting on the Committee's past actions and making further changes. Mr. Zomok said that was correct. Ms. Mitchell pointed out that the mayor's title was not discussed by the Committee. Mr. Terranova said the discussion was that the title of mayor denotes something more than just a chairperson of council and people felt it was not right to remove a mayor in such a way as what happened. Ms. Mitchell said they could go to the tape but it was not discussed. 2 Charter Review Committee Meeting 3 April 11, 2016 In continuing with his comments, Mr. Zomok explained that when Council adjourns as Council and becomes the Board of Adjustment, the mayor becomes the chairperson. Ms. Kautenburg pointed out the Board of Adjustment and Community Redevelopment Agency are committees. Mr. Zomok said the leader is called the chair and at a council meeting, the mayor could be called the chairperson. He asked that his previous comments on Sections 3.03, 3.04, and 3.05 be withdrawn for now. He asked if Section 2.03 should be moved to Section 4.03 regarding the election, which may include the process for how to get to four year terms. Ms. Mitchell asked the City Attorney what the process would need to take place to go to four year terms. The City Attorney said the Committee has voted, they will listen to the public and then rank what to submit to City Council by a representative selected by the Committee. He asked the Committee to be careful about what to recommend since the ballot will include the presidential race, federal officials, judges, local constitutional officers, amendments; with their changes at the end. He advised them to make it as convenient as possible for voters to read their questions. Ms. Sartain -Anderson said the 2011 ballot was overwhelming; she was worried that people might vote no, no, no without reading the question and it was really incumbent to prioritize their questions. Ms. Mitchell asked if four terms does pass how the process will get sorted out. The City Attorney replied that he would bring back language to reflect what he believed the Committee meant. Ms. Mitchell said she was concerned with what might happen over the next 2-3 years in implementing this change. The City Attorney explained the Charter already says things relating to the election such as the staggered terms, the changes will have to accurately reflect that staggered terms remain. He will ensure the voters receive a clear transition of Council from two to four year terms. Mr. Zomok said his compromise included an objective to run the election the same year as the County. The City Attorney said they are limited to 75 words an issue and will have to craft in a way that is accurate, straightforward and easy to understand. Mr. Dragonetti commented they are creating a lot of busy work for something that is working. The City Attorney pointed out that is for the Committee to decide. The City Attorney said he did have a concern that those elected this year will go until 2020, so those November 2016 candidates would get to serve four year terms on the same ballot which is confusing. He said the court would look at the change, rule to let the 2016 candidates serve two year terms and the Committee would lose the four year change. The City Attorney distributed a sheet outlining his recommendation that could be explained on the ballot. (See attached) In response to Mr. Krull, the City Attorney said each issue has to explain where they are and where they are going. 3 Charter Review Committee Meeting 4 April 11, 2016 Mr. Terranova asked if they were going to include a term limit of two consecutive terms. Ms. Mitchell pointed out that was not included in a motion. Mr. Hoffman said he was concerned that term limits has to be in a separate question and asked what happens if the four year term gets rejected and the term limit is approved, than someone's term will be cut short. The City Attorney said he would write the questions carefully and agreed the Committee did not make a motion to consider term limits. Chairman Jones asked if the Committee covered all of their concerns for the Charter in its entirety. Mr. Terranova commented that the title of chairperson was resolved by making the mayor's term for one year with his duties outlined in the Charter to prevent a future reorganization. Ms. Mitchell said she had given this more thought and would probably vote against her previous second to the motion to amend Section 2.06 (a). She said they talked about what happened, and should have probably looked long term at issues that might come up. She would like to keep Section 2.06 the way it is. She said in talking with the City Attorney, if the mayor currently violates the Charter the ball is tossed to the Ethics Committee in Tallahassee. She said they elect their representatives who will choose who will lead a meeting, and in taking the longer view as opposed to what recently happened, she believed the most efficient way is the current way. Mr. Krull noted he did not base his viewpoint on what happened recently with Council. Ms, Kautenburg said because they have a city -manager form of government, she also preferred to keep as it is. She noted council members are team members; they can choose a captain who is also a team member and they have the right to reorganize. Mr. Zomok said he got the impression that some of the Council members were relying on the Charter to give them the authority for reorganization but that phrase is not in charter. He was concerned that Special Magistrate Armitage advised that the reason Council had authority to remove the Mayor was because the Charter was silent. He would rather have something to address a future situation rather than to go through the uncomfortable process again. 11. SET DATE FOR NEXT MEETING - TWO PUBLIC HEARINGS Chairman Jones set the next meeting for April 26 to prioritize their recommendations and the two public hearings to gather input for May 9 and May 24 at 6:00 p.m. 12. Being no further business, Chairman Jones adjourned the Charter Review Committee meeting at 7:07 p.m. By: #/ 4" -7 4 Beth Mitchell Vice Chair El March 29, 2016 Submitted by Bob Zomok Expansion of Running List Items Charter Changes 2016 Current Sebastian City Charter Article I Section 1.02 (4) (Changes are in "bold") (4) Public utilities. To furnish any and all local public services, including electricity, gas, water, lights, information technology, telecommunications or transportation, and to charge and collect necessary fees or charges therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any public utilities, electric light system, telephone and telegraph system, waterworks and plants, ice plants, and works, gas plants and distribution systems, bus or transit systems, radio broadcasting stations, television stations, cablevision rebroadcasting systems, telephone systems, or other public utility; to establish, impose and enforce rates and charges for supplying such services or conveniences by the city to any person, persons, firm or corporation; to furnish any and all local public services to persons, firms, industries, or municipal corporations residing or located outside of the limits of said city. To acquire in any lawful manner in the State of Florida such water, lands and lands under water as the city council may deem necessary for the purpose of providing an adequate water supply for said city and the piping and conducting of the same, to make reasonable rules and regulations for promoting the purity of its said water supply and protecting the same from pollution and for this purpose to exercise full police powers over all lands comprised within the limits of the water shed tributary to any such supply wherever such lands may be located in the State of Florida. Current Sebastian City Charter Article Il, Section 2.03. - Election. (a) [T]here shall be held a general election of two (2) council members on the first Tuesday following the first Monday in November of each even -numbered year and of three (3) council members in each odd -numbered year. (b) The city elections shall have at large voting. (Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, §3,1-27-93; Ord. No. 0-06-11, § 1, 10-11- 06) Move to Article IV ELECTIONS - Section 4.03 that is now designated as "Reserved" will accommodate this change. Proposed Section 4.03 — Elections and Terms (a) Election of three (3) Sebastian City Council Members shall occur in November 2016 to serve a two (2) year term in office ending in November 2018. (b) Two (2) Sebastian City Council Members shall be elected to serve a four (4) year term in office in November 2016 ending in November 2020 (c) Three (3) Sebastian City Council Members shall be elected to serve a four (4) year term in office in November 2018 ending in November 2022. (d) Two (2) Sebastian City Council Members shall be elected to serve a two (2) year term in office ending in November 2022. (e) In November 2022, three (3) Sebastian City Council Members shall be elected to serve a two (2) year term in office and two (2) Sebastian City Council members shall be elected to serve a four (4) year term in office. (f) This process shall be continued every November in even numbered years. 1 Draft 103/20/2016 — Draft 2 03/29/2016 (g) The determination of who is eligible for a two (2) or four (4) year term in office will be made by alternating the terms of the incumbents. Those three (3) persons last elected to serve a two (2) year term in office (or their open seat) will be eligible for a four (4) year term in office. Those two (2) persons elected to serve a four (4) year term in office (or their open seat) will be eligible to serve a two (2) year term in office. (h) Any person elected to three (3) consecutive terms (be it a 2 -year or four-year term) will be ineligible to run for Sebastian City Council for a period of one (1) year. (i) The city elections shall have at large voting I think this is a worthwhile compromise. This satisfies those who say term limits should be decided at the ballot box, it provides for two (2) year "familiarization" terms, and moves all Sebastian City Council elections to coincide with the Indian River County elections Current Sebastian City Charter Article II Section 2.05 Sec. 2.05. - Compensation. The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($450); (2) Vice -mayor: Three hundred dollars ($300); and (3) Council members: Three hundred dollars ($300). Proposed Article II Section 2.05 Compensation The mayor, vice -mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fifty dollars ($900); (2) Vice -mayor: Three hundred dollars 600); and (3) Council members: Three hundred dollars 600). (4) Sebastian City Council members should be reimbursed for qualified, documented, and approved expenses incurred in exercising their duties as Council Members. Approval of expenses is the responsibility of the Sebastian City Chief Financial Officer. Current Sebastian City Charter Article II Section 2.06 (a) Sec. 2.06. - Mayor; vice -mayor. (a) Mayor—Selection and term. [A]fter the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice -mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority 2 Draft 103/20/2016 – Draft 2 03/29/2016 vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (1) If there is no mayor seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a mayor as set forth above. (2) In the event there is only one nomination and second for mayor, the nominee shall be seated as mayor. Proposed Article II Section 2.06 (a) Chairperson: Vice Chairperson (Delete Mayor; Vice -Mayor) (a) Mayo Chairperson—Selection and term. After the seating of any newly elected council members at the city council meeting held pursuant to Section 2.04 the new city council shall, as the first order of business, elect a mayer Chairperson from among its members. The incumbent mayer Chairperson or in his or her absence, the ri0 Vice -Chairperson or in his or her absence, the senior member of city council, shall ask for nominations for mayer Chairperson. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayer Chairperson. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayef Chairperson. (1) If there is no mayef Chairperson seated on the new or existing city council, a temporary city council chairperson may be elected from the incumbent members of the city council for the purpose of electing a-mayer a new Chairperson as set forth above. (2) In the event there is only one nomination and second for mayer Chairperson, the nominee shall be seated as mayer Chairperson. Current Article II Section 2.06 (b) (b) Mayor—Duties, general. The mayor shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The mayor shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayor shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. Proposed Article II Section 2.06 (b) (b) MayeF Chairperson Duties, general. The mayer Chairperson shall preside at each meeting of the city council, shall have a vote upon matters before the city council, but shall not possess a veto power. The term of the Chairperson shall be for one year or until his or her successor is elected. The mayer Chairperson shall have the power to preserve the peace and order, be recognized as the head of the city government for all ceremonial purposes, and shall be recognized by the governor as the head of the city government for purposes of military law. The mayer Chairperson shall sign all ordinances, resolutions and proclamations of the city council or other documents as required by law on behalf of the city as directed and authorized by the city council, which shall also be attested by the city clerk. For Article II Sections (c), (d), and (e), the term "Mayor" shall be replaced by the word "Chairperson" and the Word "Vice -mayor" shall be replaced by the word "Vice=Chairperson." 3 Draft 103/20/2016 – Draft 2 03/29/2016 i The same applies to any use of the word "mayor" or vice -mayor" throughout the Charter. For the charter Committee's consideration concerning the above suggested changes: At the Sebastian City Council Meeting on Wednesday, March 23, 2016, the Agenda included "Recess City Council and Convene as Board of Adjustment." When Sebastian City Council sits as the Board of Adjustment, the person charged with conducting the meeting is the "Chairperson." The same structure applies when the City Council convenes as the Community Redevelopment Agency. Once they re -convene as Council, the person conducting the meeting is, again, referred to as "Mayor." I think all City Council Members recognize that the position of "Mayor" is, basically, ceremonial. Further, because the position is ceremonial, having the title "mayor" causes confusion especially with Sebastian citizenry unfamiliar with this type of city government structure. This is especially true for people who relocate to Sebastian from a city wherein the Mayor has decision making authority. This is also offered in response to Mr. Hoffman's email wherein he suggested "a review of the specific section dealing removal of the mayor and vice mayor." Sebastian City Charter — Article III Section 303. Removal of Charter Officers Section 304. City Manager; Power and Duties Section 305. City Clerk Mr. Zomok had indicated continued discussion of these Sections vis-a-vis the Model Charter. Given the number of changes that are more relevant at this time, the request for continued discussion is withdrawn. However, I would like to suggest that a list be prepared for the next Charter Review Committee containing the thoughts of this Charter Review Committee concerning specific Sections accompanied by the discussion this Charter Review Committee had relative to that particular Section. The term used in the Quality Improvement Process is "parking lot issues." Section 303 (b) Suggestion by Ms. Munoz to revise the second sentence to read: "The city council may, by a vote of at least three (3) council members...." Sebastian City Charter — Article IV - Election Section 4.03 — Reserved Mr. Zomok is suggesting moving Article II Section 203 — Election to Article IV Section 403 and re -designation Article II Section 203 as "Reserved. If the proposed revision to Article II Section 203 (see above) is approved by this Charter Review Committee, then that revision would be moved to this Article and Section. Article II Section 203 — Election (a) [T]here shall be a general election of two (2) council members on the first Tuesday following the first Monday in November of each even -numbered year and of three (3) council members in each odd -numbered year. (b) The city elections shall have at large voting. 4 Draft 103/20/2016 — Draft 2 03/29/2016