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HomeMy WebLinkAbout01-19-2021 CR MinutesCITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES TUESDAY, JANUARY 19, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Call to Order — Chair Mitchell called the Charter Review Committee meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited by all. ROLL CALL Present: Beth Mitchell — Chair Louise Kautenburg — Vice Chair Grace Reed Michael Goodfellow (Zoom) Sherrie Matthews Larry Napier Karen Jordan Sharon Herman Patti Sullivan Dave Newhart Amber Cards John Christino Vicki Drumheller Bruce Hoffman Absent: Linda Kinchen (excused) Also Present: Paul Carlisle, City Manager Manny Anon, Jr., City Attorney Jeanette Williams, City Clerk Facilitator, Cathy Testa 4. APPROVAL OF MINUTES I. December 15, 2020 Organizational Meeting MOTION by Mr. Napier and SECOND by Ms. Cards to approve the December 15, 2020 Organizational Minutes passed with a unanimous voice vote. 14-0 5. REVIEW PUBLIC INPUT RULES Chair Mitchell conveyed that she would like to keep the meetings informal. She asked that the members consider the items tonight but not to definitively make up their minds on the item because they will come back to the items further in their schedule. She noted Ms. Testa would put on the items on the overhead screen to keep a running list of what they would like to return to. She asked if they would like to shorten the public input speaking time from five minutes to three. It was the consensus of the Committee to keep the speaking time to five minutes. 6. NEW BUSINESS I. REVIEW AND DISCUSS ARTICLE I Chair Mitchell called for public input on Article I. There was none. CHARTER REVIEW COMMITTEE PAGE 2 MINUTES OF THE JANUARY 19, 2021 MEETING Sec. 1.02. Extraterritorial powers. Chair Mitchell asked if there were any circumstances where paragraph (6) might apply: (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. The City Manager explained there could be slaughter houses in the industrial use locations; the City doesn't have any agricultural zoning but that could come to play in the future if a property is annexed in. He said the Florida Department of Agriculture and Consumer Services would give the City the authority to regulate the humane slaughter of animals and the disposal of remains. Ms. Kautenburg and Mr. Hoffman requested to add Wi-Fi to paragraph (4): (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. The City Manager suggested adding: (4) Public utilities. To furnish any and all local public services, including but not IimrYed to communications, electricity, gas, water, lights, or transportation, and to charge and collect. It was the consensus to add this to the Review List. Mr. Hoffman asked if nuisances included public and private in paragraph (5): (5) Abatement of nuisances. To compel the abatement and removal of all nuisances within the city or upon the property owned by the city beyond its corporate limits, at the expense of the person or persons causing the same, or of the owner or occupant of the grounds or premises whereon the same may be. The City Attorney stated not knowing the history of the section; he deemed it included all nuisances. Mr. Hoffman asked if drones should be added to paragraph (7): CHARTER REVIEW COMMITTEE PAGE 3 MINUTES OF THE JANUARY 19, 2021 MEETING (7) Airports. To purchase, acquire, take hold, establish, construct, equip, maintain and operate municipal airports, landing fields, hangars, aviation terminals and administration buildings, runways depots, warehouses, garages, repair shops, oil and fuel tanks or stations, or other necessary appurtenances for the use of airplanes and other aircraft, and to acquire or lease any and all real property within the corporate limits, or within ten (10) miles of the boundaries thereof for such purpose; to set apart and use for such purpose any real property owned or leased by the city, whether or not originally acquired by condemnation, purchase or lease for another purpose; to adopt and enforce reasonable rules and regulations governing the use of such municipal airports; to employ airport directors, airport managers, employees or agents in connection with such operation; to impose fees or charges in connection with the use of such airport or airport facilities; to sell gasoline or other supplies necessary in connection with the operation of such airports; to provide lounges, eating places, refreshment parlors and other facilities in connection with such municipal airports; to let or lease to private persons or corporations portions of said airports for building sites, hangar space, concessions or other uses for a term not to exceed thirty (30) years; to prescribe and promulgate reasonable rules and regulations for the operation of such airports, and to exercise supervision and control of such operation; to accept and receive grants from the state and federal governments and any body politic for the construction, maintenance, operation and management of such airport facilities. Chair Mitchell suggested that could be regulated by ordinance. Sec. 1.03. Intergovernmental relations. — No recommended changes. Sec. 1.04. Boundaries. — No recommended changes. Sec. 1.05. Existing businesses may continue after annexation, — No recommended changes. ii. REVIEW AND DISCUSS ARTICLE II Chair Mitchell called for public input on Article II. There was none. Sec.2.01. Composition. Ms. Kautenburg asked if council composition should be changed to have seven council members given this past year has shown that it is easy to overwhelm five council members; and having additional council members would represent the increase in population that has happened since the Charter was originally drafted. Sec. 2.01. - Composition. There shall be a city council consisting of five (5) council members elected by the qualified voters of the city at large. Ms. Sullivan stated she would like to see more substantive reasoning because the past year did rectify itself. Mr. Napier stated the number of council members is not predicated on population; the members run at -large so the entire population is represented. Mr. Newhart stated five is adequate; there are still five county commissioners representing the entire growth experienced by the county. He noted finding a super majority or unanimous vote of seven would create tension and dissention. CHARTER REVIEW COMMITTEE PAGE 4 MINUTES OF THE JANUARY 19, 2021 MEETING Mr. Christino said he agreed; seven members would create longer meetings There was not a consensus to increase the number of council members. Sec. 2.02. Eligibility. Mr. Hoffman asked what is a "qualified elector:" Sec. 2.02 -Eligibility. No person shall be eligible to hold the office of council member unless he or she is a qualified elector in the city and actually continually resided in the city for a period of one (1) year immediately preceding the final date for qualification as a candidate for said office. The City Clerk stated "qualified elector' is not defined in Florida Statute but to run for office in Sebastian, candidates must sign a statement that they have lived in Sebastian for one year prior to the close of qualifying; they do not hold another office; and they should have their Civil Right to vote. Ms. Herman asked if there was anything that makes a candidate ineligible as far as felony convictions, misdemeanor convictions related to fraud, theft, tax evasion, embezzlement —things that would have an effect on their judgement; and is there any way to make a candidate ineligible if they have previously removed from office. She asked if City requirements can be stricter than the state. The City Attorney advised that the City couldn't really do anything for a misdemeanor, but in regard to felony convictions, individuals should have their Civil Rights restored by either going before the clemency board or pardoned by the Governor. He also advised that a member removed by recall cannot run for the office again for two year in accordance with F.S.100.361. Ms. Reed asked if an individual was charged and adjudication was withheld, is that still considered guilty or not guilty because to her that individual still violated the public trust and that person shouldn't be eligible to make decisions for the City. The City Attorney advised if adjudication is withheld or someone pleads nolo contendere it is not a conviction. The City Manager said for the purposes of removing someone, nolo contenders is considered guilty for removal but he didn't think it could be a condition for "running for office." Mr. Newhart noted when someone applies for a job, people are asked if they have a conviction and a government official should be held to a higher standard. He said if someone had a felony conviction, he would not want them to hold office. He would like to see this tightened up. Ms. Drumheller said she would like to see qualified electors have all their obligations paid in full; and as a registered nurse, she must fill out an Affidavit of Good Moral Character that has multiple charges that would take someone out of the running for a position of authority or trust. She said to define what a qualified elector is probably more important than changing the sentence. CHARTER REVIEW COMMITTEE PAGE 5 MINUTES OF THE JANUARY 19, 2021 MEETING Ms. Sullivan agreed but cautioned there needs to be a clear definitive line so you don't prevent someone from qualifying just because you don't like them. She also suggested they consider the state and federal Constitution when determining the line. Mr. Hoffman asked if the qualifications could be done through an ordinance. The City Attorney said they could. Ms. Herman said she would like to see ineligibility as well. Mr. Christino suggested a background check be conducted. Mr. Napier said a qualified elector is someone who is eligible to vote in a jurisdiction. Ms. Reed said in many cases, city council is the final decision maker of work completed by the City's boards and committees. She suggested that candidates serve on at least one term on a board or committee where they would gain prior experience and identify their where they would like the City to go. Mr. Newhart said these qualification ideas could be placed in an ordinance or resolution. Ms. Drumheller asked that this be added to the Review List; if the qualified elector only has to be a resident for a year, she would like to see a FDLE background check is completed as many professions have to do this regularly. Mr. Christino said in the end, after the candidate's forum and interviews, the public has an ample opportunity to look at candidates; it should be left up to the voters as to what they want to see in a council member. Ms. Kautenburg said background checks can be detailed or minimal so a standard should be identified. Ms. Sullivan commented they should be clear what line they want to go up to; maybe see what other cities do. Ms. Matthews said the definition of a qualified elector is someone who has the right to vote. It was consensus of the committee to leave this section as it is. Sec. 2.03. Election. Mr. Napier asked the committee to consider changing the terms to four years so there isn't an election every year: (a) (17here 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. Ms. Drumheller said she wasn't adverse, if there were term limitations. Mr. Christino noted a four year term would have the electorate wait a year to recall a council member. CHARTER REVIEW COMMITTEE PAGE 6 MINUTES OF THE JANUARY 19, 2021 MEETING Ms. Kautenburg said historically this doesn't have a chance and she noted there are term limitations which happen every single year. Ms. Cards said this past year was hard; she didn't want to rearrange the Charter because of what happened last year. Ms. Sullivan said she believed the citizens will stay engaged with two year terms. Ms. Reed stated that since qualifications can be required by ordinance, she suggested the Committee Members may want to speak to their council members to see what they would like. It was the consensus of the committee to leave this section as it is Sec. 2.04. Term commencement. — No recommended changes Sec. 2.05. Compensation. — No recommended changes. Sec. 2.06. Mayor; vice mayor. (a) Mayor —Selection and term. (Ajfter 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 once of mayor.(1)lf 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. CHARTER REVIEW COMMITTEE PAGE 7 MINUTES OF THE JANUARY 19, 2021 MEETING (a) 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. Ms. Reed stated there is no written indication that the mayor's term will be for one year and asked if this should be written out just like the vice mayors term is. Mr. Hoffman cited, "(b) Mayor —Duties, . The mayor shall ... be recognized as the head of the city government for purposes of military law.... " which has seems to have created issues about who has authority when the City is in an emergency. He asked if they should add reference. Chair Mitchell stated that was one of staffs recommendations (see underlined): (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 declare a state of local ememencv. 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, The City Attorney stated the mayor does have the authority to declare a slate of emergency under: Code Sec. 2.37. - Public emergencies; mayor to declare states of emergency. Duties of mayor, city manager, city council during emergencies: (1) In accordance with Section 2.06(b) of the Charter of the City of Sebastian and Chapter 870.043 Florida Statutes, the mayor may in times of public emergency, or imminent threat thereof, declare a state of emergency within the boundaries of the city or in any portion thereof and invoke the provisions of F.S. §§ 870-041-870.047, inclusive, as the same may be renumbered or amended from time to time, The city council may terminate a state of emergency at any time. (2) a. The city manager shall be responsible for the overall emergency management function of the city, shall prepare and maintain the city's emergency management plan, shall coordinate with Indian River County and shall keep the mayor and the city council advised of any action. b. The city manager shall utilize any available means to give the public notice of the declaration of a state of emergency and the specific requirements therein. c. The city manager may issue such orders as are immediately necessary for the protection of life and property; provided, however, that any such orders shall at the earliest practicable time, be presented to the city council for rat cation, confirmation, amendment or termination. (3) If, due to a disaster or emergency, it becomes impossible for the city council to meet at City Hall, the council may meet upon the call of the mayor or any city councilmember at any other place within the city until city hall is sufficiently repaired to resume meetings there. All reasonable attempts must be made to comply with the Sunshine Law and the Public Records Law of the State of Florida. The City Manager clarified the Code (ordinance) says the mayor has the authority pursuant to Charter Sec. 2.06; but 2.06 doesn't specifically say the mayor has the right to declare the emergency so there is the potential to get into a round-robin of, "the charter doesn't say it, but the ordinance says can't do it by the Charter because the Charter says ... ," so if they CHARTER REVIEW COMMITTEE PAGE 8 MINUTES OF THE JANUARY 19, 2021 MEETING don't clarify it they can get in this circle of logic of defining what keeping the peace is in the Charter. The City Manager reviewed some emergencies might be a riot or a train derailmentfspill. It was the consensus of the committee to add this to the Review List. In regard to the vice mayor, Ms. Matthews said the last sentence of c says it all, so if they take out the second to the last sentence, they would be saying the same thing (see strikethrough): (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. Ae '^•.,,o-.�.,.,-4 Was . The vice -mayor shall be elected using the same procedure as for the election of mayor. Ms. Drumheller said changing this would be reasonable for clean-up purposes. It was the consensus of the committee to add this to the Review List. Sec. 2.07. General powers and duties. - No recommended changes. Sec. 2.08. Vacancies; forfeiture of office; filling of vacancies. Ms. Herman said it allows someone who has been convicted to be removed from office, but if someone is charged with a crime that is directly related to their position at the City, there should be a way to suspend them and remove them from their decision making ability until the issue is resolved. Mr. Napier commented that was the Governor's job; they would get on shaking ground if they removed someone who wasn't found guilty. Ms. Herman gave an example that if they were charged with a criminal offense, maybe they should step away. She noted other professions suspend employees. Chair Mitchell stated suspension was recommended by staff (see the underlined language): Sec. 2.08. - Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiture/suspension of his/her office. (b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she: (1) Lacks at any time during his/her term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend three (3) consecutive regular meetings of the city council without tieing excused by the city council. c) Sus pnsion from office. A council ye/nber of the rr'wpr shall be sus nded Irom isiher o�ce if he/she is arrested for a /elonv or for a misdemeanor relateILE the duties of office or for a Sunshine Law violation. CHARTER REVIEW COMMITTEE PAGE 9 MINUTES OF THE JANUARY 19, 2021 MEETING (d) Silecial Hearin. The cifv council, with the advice of the cif attornev. will hold a sfecial hearino to consider a vote to remove or suspend a council member or mavor if in violation of Sections (b. or (ci above. NO Filling vacancies. ny vacancy in the office of council member shall be rifled in accordance with the provisions of this subsection and Section 4.14: (1) If there is a scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be rifled at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of the occurrence of the vacancy, the remaining members of the city council shall appoint a replacement within 45 days. In the event the city council fills a vacancy by appointment, the person chosen to fit/ the office shall at the time of appointment meet the qualifications for a member of the city council. An appointed city council member shall serve only until the next citywide election or until city council revokes the suspension and restores the council member or mayor to office in accordance with Section 3 below. If the vacancy has occuned in the term of a city council member that extends beyond the next citywide election, the remainder of the unexpired term shall be filled at that election, and the candidate shall run specifically for that seat on the city council. (3) If the council member or mayor is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he/she was suspended under section (b)-id), then the city council shall forthwith revoke the suspension and restore the council member or mayor to office. (fd) Filling vacancies in candidacy. In the event that following the close of the official qualifying period set out in Charter Section 4.02(b), the number of legally qualified candidates is fewer than the number of seats open for election, the new city council shall rill the vacancy in office in the same manner described above in paragraph (ec) of this section. The City Attorney explained that forfeiture of office has no teeth so staff recommended subsection c and in subsection d outlines the process. The City Manager added that if a council member misses three meetings, they are out of office and he asked, "By how, who removes them?" Chair Mitchell suggested that the staff recommendation be sent to them for review and they could start the next meeting with this section. Mr. Christino stated years ago, two council members were charged with a Sunshine Law violation and it took nine months to resolve. Ms. Matthews asked if the Sunshine Law violation was a civil infraction or a misdemeanor because misdemeanors are already covered. Chair Mitchell called for a break at 7:33 p.m. and reconvened the meeting at 7:38 p.m. In response to Ms. Matthews, the City Attorney explained that if the state attorney can prove intent, it would be a criminal infraction. If they cannot, there would be a fine; however staffs intent is for it to be a criminal infraction. Further discussion will be scheduled for the next meeting. Sec. 2.09. Judge of qualifications. CHARTER REVIEW COMMITTEE MINUTES OF THE JANUARY 19, 2021 MEETING PAGE10 Ms. Kautenburg noted the placement of this in the Charter was curious because it seems to supersede any qualifications that they may want to impose: The Florida Division of Elections, the Florida Elections Commission (or successor state agencies) or the courts shall determine issues relating to the election and qualifications of city council members and of the grounds for forfeiture of their office. Chair Mitchell asked if they create a qualification that is in conflict with the Division of Elections, what would happen. The City Attorney advised the City's requirements should nest in to what the state requires. Ms. Matthews advised this refers to a candidate who may be elected in and something comes about to where the Division of Elections steps in. She gave a recent example of dual office holding. The City Attorney agreed it may be when the Division or court needs to step in. Sec. 2.10. City council -employee relationship. — No recommended changes. Sec. 2.11. Investigations. — No recommended changes. Sec. 2.12. Procedure. — To be discussed at next meeting. Sec. 2.13. Emergency ordinances. — No recommended changes. Sec. 2.14. Codes of technical regulations. — No recommended changes. Sec. 2.15. Authentication and recording; codification; printing. — No recommended changes. Sec. 2.16. Standing committees. — No recommended changes. 7. STAFF MATTERS Chair Mitchell thanked staff for their input. 8. COMMITTEE MEMBER MATTERS It was the consensus of the Committee to meet again February 9'. 9, ITEMS FOR NEXT AGENDA 10. Being no further business, Chair Mitchell adjourned the Charter Review Committee meeting at 7:54 p.m. By: /�� Dale: jw