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HomeMy WebLinkAbout02-25-2021 CR MinutesCITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES THURSDAY, FEBRUARY 25, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Chair Mitchell called the Charter Review Committee to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Beth Mitchell — Chair Sherrie Matthews Karen Jordan Patti Sullivan Bruce Hoffman Amber Cards (Zoom) Absent: Grace Reed (excused) John Christino (excused) Louise Kautenburg — Vice Chair Larry Napier Sharon Herman Linda Kinchen Michael Goodfellow (Zoom) Vicki Drumheller (Zoom) Dave Newhart (excused) Also Present: Paul Carlisle, City Manager Manny Anon, Jr., City Attorney Jeanette Williams, City Clerk Cathy Testa, Facilitator 4. APPROVAL OF MINUTES I. February 9, 2021 Minutes MOTION by Mr. Napier and SECOND by Ms. Kautenburg to approve the February 9, 2021 minutes passed with a unanimous voice vote. (13-0) 5. NEW BUSINESS Review and Discuss Article V (Public input will be invited after the introduction of each Article) Chair Mitchell asked for public comment but there was none. Sec. 5.01. Sevembilitv of Drovisions. If for any reason any section, paragraph or part of this Charter shall be declared held invalid or unconstitutional by anv iudpement or decree of anv court of competent iurisdiction. that fact shall not affect, invalidate or destroy any other section, paragraph or part of this Charter, and the remaining portions thereof shall remain in full force and effect without regard to the section, paragraph or portion invalidated. Ms. Matthews suggested the above changes. It was the consensus of the committee to not make any changes to Sec. 5.01. Sec. 5.02. Effective date. — No recommended changes. CHARTER REVIEW COMMITTEE PAGE 2 MINUTES OF THE FEBRUARY 25, 2021 MEETING Sec. 5.03. Charter review committee. — No recommended changes. Review and Discuss Article VI (Public input will be invited after the introduction of each Article) Sec. 6.01. Title to Prooerty reserved. The title, rights and ownership of all real and personal property, taxes due and unpaid, uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of Sebastian, a municipal corporation created, existing and organized under the provisions of this Charter. Mr. Hoffman asked what "choses in action" means. The City Manager responded that Google states it is the "right to take action." Sec. 6.02. Reserved. Sec. 6.03. Reserved. Sec. 6.04. Ordinances Preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Ms. Matthews asked if "shall remain in force" includes in effect or just the ordinance itself. The City Attorney advised anything not inconsistent shall remain in force unless it is repealed or changed. Sec. 6.05. Continuation of former Charter Provisions. — No recommended changes. 6. STAFF MATTERS Chair Mitchell reflected there were a number of times where the changes were typographical or clerical and asked how those would be handled. The City Attorney said the voters would make the ultimate decision even if it is to cleanup language. Chair Mitchell asked if the wording would have to be spelled out for every change or a general statement for clerical purposes could be presented to the voters. The City Attorney said something could be presented to Council and they would decide if it goes to the voters. Ms. Kautenburg suggested checking with the state because in the past every change had to be a specific question on the ballot. Chair Mitchell asked the City Attorney to research if the ballot question could be generic in nature. Mr. Goodfellow stated any changes should be put to the voters. Ms. Drumheller said every modification would probably have to go to the voters, given they have identified several issues she was concerned that if they make a massive presentation to the voters, they won't get any changes. CHARTER REVIEW COMMITTEE MINUTES OF THE FEBRUARY 25, 2021 MEETING 6:19 pm PAGE Ms. Sullivan said any of the clerical or typographical errors they can address would create a sense of excellence to the document. Ms. Herman said in today's climate it would be a good time to make the document gender neutral and she suggested a generalized statement instead of line item by line item modification. Chair Mitchell suggested giving the City Attorney an opportunity to see if they can write a general ballot question. Return to Sec. 5.03 Charter review committee. Not later than April 15 of the year 2025 4999 and of every 5th year thereafter, the city council shall appoint a charter review committee to review the Charter of the city. Each charter review committee shall consist of fifteen (15) residents of the city. The committee shall otherwise be appointed in the manner provided by the Code of Ordinances. The committee shall be funded by the city council and shall be known as the "City of Sebastian Charter Review Committee."It shall, within six (6) months from the date of its formation, present to the city council its final recommendation for amendment of the Charter or its recommendation that no amendment is appropriate. If amendment is to be recommended, the charter review committee shall conduct two (2) public hearings, at intervals of not less than fourteen (14) days, prior to the transmittal of its recommendations to the city council. The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose. Mr. Goodfellow asked to go back to Sec. 5.03 where the wording stales the Charter shall be reviewed and noted 2019 would have been the fourth review period from year 1999. He stated language was needed to re -sat the schedule beginning from 2021. The City Manager stated the last review was in 2016, they were still on track. Mr. Goodfellow said he disagreed, the Charter states every 5 years thereafter 1999, somewhere it was pushed back. It was the consensus of the Committee not to move forward with Mr. Goodfellow's suggestion. Tyyc`ocra hical &Clerical Chances Chair Mitchell asked the Committee if they would like the City Attorney to research a general ballot question that would resolve all typographical or clerical errors that have been identified. It was the consensus of the Committee to have the Attorney research the matter. 7. COMMITTEE MEMBER MATTERS Ms. Matthews said given the next review won't be until 2026, they should go through and decide that where they are, is where they want to be. She asked the Committee to take their time with the review. Chair Mitchell said she appreciated her comments and noted they do have two more months for the review; at the next meeting she would be looking for a more formal motion to move forward with the items to Council. CHARTER REVIEW COMMITTEE PAGE 4 MINUTES OF THE FEBRUARY 25, 2021 MEETING The City Attorney advised that Council may also ask them to review an item. 8. ITEMS FOR NEXT AGENDA i. Next Meetina Date - Revisit Recommendations of Articles I — VI It was the consensus of the Committee to meet again March 23. 9. Being no further business, Chair Mitchell adjourned the Charter Review meeting at 6:33 p.m. By: X��W/ �� Date: jw