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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
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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.
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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.
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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.
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(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.
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