Loading...
HomeMy WebLinkAbout04-26-2016 CRC MinutesCharter Review Committee Meeting April 26, 2016 Page Two Vice Chair Mitchell suggested the Committee go through the entire list and then prioritize the items. Topic 2 — Exterritorial Powers — Section 1.02 (6) Stock Mr. Terranova commented these were just word changes. Topic 3 — Election - Section 2.03 (a) Vice Chair Mitchell said the Committee ultimately recommended that the term change from two to four years and the procedure was discussed. The City Attorney provided a handout (See attached) with the ballot title and language and how the Charter would read if voters approved the question. The ballot question cannot exceed 15 words, the question itself cannot exceed 75 words and it must be asked in a way that it calls for a yes or no answer. He tried to include the four-year term with the election held in the even numbered years; there are three sections of the Charter that would be affected. Mr. Krull noted this was voted on in 2011 and defeated. He asked what could be done to make it more palatable as it will save money in election year. The City Attorney said there might be a way to make a reference to the general election such as "one that is already scheduled." Mr. Terranova said a lot of people like shorter terms. Mr. Krull asked if the term and even numbered year election should be two separate questions. The City Attorney said it should if they want to eliminate staggered terms but the Committee really hasn't discussed that possibility. Mr. Terranova said the City Attorney's proposal does the job quite well. In response to Vice Chair Mitchell, the City Attorney advised the proposals and City Council's acceptance of the proposals can be written up in the City's Pelican News but cautioned the City cannot take a stance. Vice Chair Mitchell asked if there was any way to insert the word "efficient" into the proposal. The City Attorney said he would make note of her request and think about it. Topic 4 — Mayor; vice -mayor — Section 2.06 (a) Vice Chair Mitchell said it was discussed that the Charter does not have language regarding the mayor's term; she seconded the motion to include language but after some thought wanted to remove her second. The City Attorney advised that since the motion was voted on, another main motion could start the reconsideration. 2 Charter Review Committee Meeting April 26, 2016 Page Three MOTION by Ms. Kautenburg and SECOND by Vice Chair Mitchell to leave this section of the Charter as it is. Ms. Kautenburg said the Council is a team, no council person has a greater authority; they have a right to choose a captain and if it isn't working, they have the right to choose a different captain. Ms. Munoz agreed. Mr. Krull said from a public standpoint, he believed in continuity; constantly changing mayors reflects badly on an organization; he asked if a vice mayor's term is specified, why can't a mayor's term be specified. Ms. Kautenburg said in her 20 years as a resident, the need to change leadership has only happened once. Mr. Terranova said the term for mayor should be the same for the vice mayor. Ms. Kautenburg said the vice mayor has nothing to do unless the mayor can't attend a meeting; the idea of having a short term so you can get rid of someone you aren't happy with is the same as having Council work with somebody they can't operate with for a whole year. Discussion followed on why the vice mayor's term is mentioned in the Charter but not the mayor. Ms. Kautenburg said she wasn't sure anyone could answer that question. Ms. Munoz said she believed Council functions as a team and if the token figurehead is not a good face for the City, it is their right to change the figurehead. Mr. Terranova said the problem is that no one came out with a reason to reorganize. Ms. Munoz said she didn't think this would happen frequently; they should review the Charter and determine what needs to be changed to make the City function. Mr. Dragonetti said he shared Mr. Terranova's view. Mr. Zomok said the Charter is the Constitution for the City, the reorganization did interrupt the continuity of Council and what bothered him was they relied on the silence of the Charter to accomplish what happened. He agreed with Mr. Krull that in order to provide continuity, adding a one year term for the mayor forces Council to be more open in terms of how and why to remove a ceremonial mayor. Mr. Baran agreed with Ms. Kautenburg on the main issue and that Council is a team who should all play by the same rules -one year for the vice mayor, one year for mayor. Ms. Kautenburg said by that thought, she would be in favor of not giving vice mayor a term. She pointed out that right now in the Charter, Council can change leadership without airing dirty laundry in public; she would like Council to have the opportunity to say this isn't working without pointing fingers. Mr. Mota said he agreed with having terms for the mayor and vice mayor so everyone can move forward in the City. 3 Charter Review Committee Meeting April 26, 2016 Page Four Vice Chair Mitchell asked the City Attorney that when a legal document is silent on an issue, sometimes is that intentional. The City Attorney replied generally that is true. She said she is concerned with the future and in the event there is a mayor that did something nefarious, the process would be that Council would have to charge that mayor with a violation and it would be sent to Tallahassee to be reviewed by ethics commission. The process could take up to a year, and make the issue moot, during that time the Council would be stuck with a mayor that they didn't want to have. The City Attorney advised the question to be voted on is to leave the Charter as it is with no term for the mayor. Roll Call Vote: Mr. Dragonetti — nay Mr. Baran — nay Mr. Krull — nay Vice Chair Mitchell — aye Ms. Kautenburg — aye Ms. Sartain -Anderson — nay Ms. Mota — nay Ms. Munoz — aye Ms. Terranove — nay Ms. Zomok — nay MOTION failed 7-4. Topic 5 — Compensation — 2.05 Vice Chair Mitchell recapped there was a motion to double the salary amounts, eliminate the expense account but allow Council to be reimbursed for qualified expenses. Mr. Krull said this would have to be worded to explain that Council will have to account for expenses that Council may not be accounting for now. Mr. Terranova said the numbers are very low compared to other towns. Ms. Sartain - Anderson pointed out that Council refused to put a salary increase on the 2011 ballot. Ms. Kautenburg said 99.9% of the citizens do not know that Council has an expense account. Mr. Zomok said they should know how competitive Sebastian is to make their decision. Mr. Krull said he did some research and asked if the salary has been the same since Charter inception. Topic 6 — Annual Charter Evaluations The City Attorney advised this is currently happening through an adopted resolution. 4 Charter Review Committee Meeting April 26, 2016 Page Five Topic 7 — Removal of Charter Officers — Section 3.03 Mr. Terranova said he was not interested in changing this section. Ms. Munoz added she did not want to waste a ballot question on the typo in Section 3.03 (b). Vice Chair Mitchell asked the committee members if there was any other section of the Charter they wanted to consider. There was no further input. MOTION by Ms. Kautenburg and SECOND by Mr. Zomok to leave Topic 2, Section 1.02(6) Stock as it is in the Charter passed with a unanimous voice vote. (11-0) It was the consensus of the Committee that they would pick three priorities out of Topics 1, 3, 4, and 5. MOTION by Ms. Munoz and SECOND by Ms. Kautenburg to remove Topic 1, Section 1.02 (4) Public Utilities passed with a unanimous vote. (11-0) It was the consensus of the Committee to make Topic 3 — Section 2.03 Election (4 year terms) their number one priority. It was the consensus of the Committee to make Topic 4 — Section 2.06 Mayor; vice mayor (One year term for mayor) as their number three priority. It was the consensus of the Committee to make Topic 5 — Section 2.05 Compensation as their number two priority. 7. STAFF MATTERS The City Attorney advised the Committee to keep an open mind as the public attends their hearings. A notice of the hearings will be in the newspaper, posted in the lobbv of Citv Hall. on the marauee outside, and on the website. He said he would draft the ballot questions after Council action. In response to Mr. Krull, the City Attorney advised at the public hearings, the chair will open the hearing and invite public comment. The public could add additional questions. 8. COMMITTEE MEMBER MATTERS Mr. Zomok said at the end of the 2011 Charter Review, he put together a white paper of constructive criticisms and he would like the Members consider preparing something to improve thefethnieity of the Committee; an extensive orientation could help the next Committee focus more quickly. ei4ieacy Charter Review Committee Meeting April 26, 2016 Page Six 9. ANNOUNCE PUBLIC HEARINGS SCHEDULE FOR MAY 9 & MAY 24 IN ACCORDANCE WITH CHARTER SECTION 5.03 Vice Chair Mitchell officially announced the May 9 and May 24 public hearings to be held at 6:00 p.m. 10. Being no further business, Vice Chair Mitchell adjourned the Charter Review Committee meeting at 7:03 p.m. By: Sh�airman Fred Jones Date )� IgPprDUO OS a-MChded OYl pO-je,5. ri PROVIDE FOUR-YEAR TERMS FOR CITY COUNCIL MEMBERS AND CONDUCT ELECTIONS IN EVEN -NUMBERED YEARS Shall the charter of the City of Sebastian be amended as provided in Ordinance O - -16, to change the terms of office of City council members from two years to four years and to change the dates of elections for City council members from an election held every year to an election held in every even -numbered year at the time of general election in November? YES for approval NO for rejection PROPOSED CHARTER AMENDMENT LANGUAGE Sec. 2.03. Election. mernhe.s i Rguh, mdd mhe 2.03 Elections and Terms. (a) Election of Three (3) Council Members. Three (3) council members shall be elected in 2017 at the time of the general election in November. Council members elected in 2017 shall serve until their successors are sworn in after the general election in November, 2020. There shall be an election for three (3) council members in 2020 and every four years thereafter at the time of the general election in November. (b) Election of Two (2) Council Members. Two (2) council members shall be elected in 2018 and every four years thereafter at the time of the general election in November. Sec. 4.12. Election procedures; tie vote. (a) In all general or special elections, the candidates receiving the highest vote in each of the offices of council member to be filled, shall be elected. ierFR.