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HomeMy WebLinkAbout04-26-2016 CRC AgendaHOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE AGENDA APRIL 26, 2016, 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES: April 11, 2016 5. PUBLIC INPUT 6. UNFINISHED BUSINESS A. Review Recommended Changes —Topics 1-7 7. STAFF MATTERS 8. COMMITTEE MEMBER MATTERS 9. ANNOUNCE PUBLIC HEARINGS SCHEDULE FOR MAY 9 & MAY 24 IN ACCORDANCE WITH CHARTER SECTION 5.03 10. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS .MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 1 of 11 PROCEDURES FOR PUBLIC INPUT Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) ore allowed five minutes to speak on that item, however, the Board or Committee may extend or terminate an individuol"s time by majority vote of members present. Input Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all Input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Choir and any member of the Board or Committee may call upon an individual to provide additional input if desired. Certain Remarks Prohibited. Personal, impertinent and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair maybe appealed. Public Input. The heading on Regular Meeting agendas 'Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee not otherwise on the prepared agenda. individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of moterial for the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may by consensus place a requested item on a future agenda. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee failure to act in accordance with them. A. suspension of Rules. Any provisions of this Resolution, in whole or part may be suspended by the affirmative vote of at least a majority of the members present. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Resolution, such failure shall not invalidate action token by the Board or Committee. 2of11 cmtf SET- �;; 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: Fred Jones, Chairman Beth Mitchell, Vice Chairman Carolyn Sartain -Anderson Mike Baran Dan Dragonetti Bruce Hoffman Louise Kautenburg Dick Krull Sergio Mota Frank Terranova Bob Zomok Absent: Matthew Sims Nancy Munoz (excused) Albert lovino (excused) Also Present: Robert Ginsburg, City Attorney Jeanette Williams, City Clerk 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. 3 of 11 Charter Review Committee Meeting 2 April 11, 2016 N 10 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. 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. 4 of 11 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. 5of11 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. 6of11 TOPIC 1 FOR CONSIDERATION Sec. 1.02. - Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (4) Public utilities. To furnish any and all local public services, including electricity, gas, water, lights, 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. MOTION by Ms. Kautenburg and SECOND by Ms. Mitchell to furnish any and all public services including information technology to Section 9.02 (4) Public Utilities passed with a unanimous voice vote. MOTION by Ms. Mitchell and SECOND by Mr. Krull to include both terms (information technology and telecommunication) when Section 1.02 (4) is considered again passed with a unanimous voice vote. TOPIC 2 FOR CONSIDERATION Sec. 1.42. - Extraterritorial powers. In addition to the powers enumerated herein, the city shall be vested with all extraterritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as follows: (6) Stock. To provide for inspecting and regulating the sanitary condition of all butcher pens, meat markets, or other places within and without the city limits, where the products of same are sold within the city limits, and to provide penalties for the violation of such regulations. MOTION by Ms. Mitchell and SECOND by Ms. Kautenburg to remove Section 9.02 (6) Stock passed with a unanimous voice vote. 7of11 TORIC 3 FOR CONSIDERATION Sec. 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. 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 for two-year terms, or the balance of the term. MOTION by Ms. Mitchell and SECOND by Mr. Krull to make the same recommendation as made in 2011 to amend the Charter so that Council members shall be elected in even number years for four year terms passed with a unanimous voice vote. Those elected in 2018 shall serve until 2020. MOTION by Ms. Mitchell and SECOND by Chairman Jones to amend her previous motion to include Section 4.12 regarding election procedures passed with a unanimous voice vote. (11-0) City Attorney's recommendation to transition to four year terms: November 2017 3 - 3 year seats November 2018, and every four years thereafter 2 — 4 year seats November 2020, and every four years thereafter 3 — 4 year seats 8of11 TOPIC 4 FOR CONSIDERATION 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 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. (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. (c) Vice-mayor—Selection and term. Immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. The term of the vice -mayor shall be for one year or until his or her successor is elected. The vice -mayor shall be elected using the same procedure as for the election of mayor. (d) Vice-mayor—Duties, general. In the absence or disability of the mayor, the vice -mayor shall serve as mayor during such absence or disability. In the absence or disability of both the mayor and vice -mayor, the senior member of city council shall serve as mayor during such absence or disability. (e) Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. MOTION by Mr. Hoffman and SECOND by Ms. Mitchell to amend Section 2.06 (a) to include the same one year term verbiage for mayor as the second sentence in Section 2.06 (c) passed with a unanimous voice vote. 9 of 11 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. TOPIC 5 FOR CONSIDERATION 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). Code Sec. 2-34. - Expenses of council members. (Not part of the Charter) There shall be paid to each council member a $300.00 per month expense allowance as lump sum reimbursement for incidental expenses, to include costs for travel within 75 miles of the city. A council member may file a written notice with city clerk that the expense allowance is declined. MOTION by Ms. Mitchell and SECOND by Mr. Dragonetti to double the salary amounts currently allocated, in the event the vice mayor acts as mayor, the vice mayor should receive the mayor's salary; the expense account should be eliminated but Council members should be reimbursed for qualified expenses. AMENDMENT by Ms. Mitchell and SECOND by Mr. Dragonetti to have the vice mayor compensated if they act as the mayor for 30 days or more. On a voice vote the motion with the amendment passed with seven ayes, two nays. TOPIC 6 FOR CONSIDERATION R-12-08- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-10-05, PROVIDING FOR AN ANNUAL GOAL SETTING WORKSHOP AND PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ADOPTED 2/22/2012 Add the requirement of annual Charter Officer evaluations to the Charter. TOPIC 7 FOR CONSIDERATION Sec. 3.03. - Removal of Charter officers. (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. 10 of 11 (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer from office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. Mr. Terranova WITHDREW his motion to study the model charter. Mr. Zomok requested to come back to Section 3.03 regarding the removal of Charter officers. Ms. Munoz suggested inserting the word "of" after "by a vote" in Sec. 3.03 (b) 11 of 11