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Home My WebLink About04-08-2021 CR Agendam cf ESA HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE MEETINGIPUBLIC HEARING AGENDA THURSDAY, APRIL 8, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA CALL TO ORDER 2. PLEDGE OF ALLEGIANCE I.to]IsKA41 4. COMMENCE CHARTER REVIEW COMMITTEE MEETING pgs 7-22 A. Approval of Minutes — March 23, 2021 Meeting pg 23 B. Address Scrivener's Error — Sec. 2.08(b) Vacancies; forfeiture of office; filling of vacancies. (Transmittal) 5. RECESS CHARTER REVIEW COMMITTEE MEETING AND CONVENE THE PUBLIC HEARING As the following amendments are considered, please be advised that words stricken shall be deleted; words underlined shall be added; the remaining provisions continue in effect. The use of ellipses (* * * indicates existing language Is omitted for the sake of brevity. Chair opens hearing in its entirety Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question A. Sec. 1.02 Exterritorial Powers. (4) Public utilities. To furnish any and all local public services, including but not limited to communication, 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. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question B. 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. Once elected or a►onointed. council member must maintain continuous ohvsical residencv and voter registration in the Citv of Sebastian throuuhout their term of office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question C. Sec. 2.06.(b) Mayor; vice -mayor f (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 emeraencv, 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. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question 2 D. Sec. 2.06.(c) Mayor; vice -Mayor • • A • a (c)Vice-mayor—Selection and tern. immediately subsequent to the selection of a mayor, the city council shall elect a vice -mayor from among its members. -ire-tern-o€-the-vice- may�ar shall be-for-ax+s 3�ear-e�unlil-leis or leer-successca�is-elected The vice -mayor shall be elected using the same procedure as for the election of mayor. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question E. Sec. 2.08(a) Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of council member or the mayor shall become vacant upon his/her death, resignation, removal from office in any manner authorized by law or forfeiturelsusnension of his/her office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question F. Sec. 2.08tcj Vacancies; forfeiture of office; filling of vacancies. 1c1 Susnension from office. A council member or the mayor may be suspended from his/her office if helshe is arrested for a Wow or for a misdemeanor related to the duties of office. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question G. Sec. 2.08{d) Vacancies; forfeiture of office; filling of vacancies. R . , . . fd] Snecial Hearina. The Citv Council, with the advice of the city attornev. will hold a special hearina to consider the vote to remove or suspend a council member or mayor if in violation of Sections lbl or fci. 3 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question H. Sec. 2.08(e) Vacancies; forfeiture of office; filling of vacancies. (G) Lej Filling vacancies. Any vacancy in the office of council member shall be filled in accordance with the provisions of this subsection: (1 ) If there is a scheduled citywide election within six months of the occurrence of fife vacancy. the remaining members of the city council may either (A) permit the vacancy to be filled 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 fill 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 manor to office in accordance with Section 3 below. if the vacancy has occurred 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. r • It a * Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question Sec. 2.08(3) Vacancies; forfeiture of office; filling of vacancies. (3) If the council member or mavor is acquitted or found not ouilty or is otherwise cleared of the charges which were the basis of the arrest. indictment. or information by reason of which helshe was suspended, under Section fb1-fd) then the cily council shall forthwith revoke the susnension and restore the council member or mavor to office. However, an oerson who pleads not auilly or nolo contendere or is found ouilty shall be deemed to have beer) convicted nottvill)standina a suspension of sentence or a withholding of adiudication is considered to be ouilty. 2 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question J. Sec. 2.08(d) Vacancies; forfeiture or office; filling of vacancies {} F�slNing-� F� r+aa,,dig/l�aysyF-k�-[th�o-e.t�#�auolJvwing-the Giese -off t".,o^;ar qualifying d�t—Gpt -rfl�vFiCrSCT�C7C. bU-P 4�0*). Me _ number of egalt�a�� Gandidates4r,- rt#r fewean-the-ea+4beeffea►pert eJffstien -the-r�ew-s`itLy-caaRsir s#a11 fillthe-vaGa► G ins-aEfise-in4he-6 nw r-manner-b awnbed-above-4r-paragraph-{s}-ef-4his section. Move to Sec. 4.02 Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question K. Sec. 2.12 Procedure. (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member limited to one topic. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p.m. If a public emergency exists any council member or charter officer may call a special meeting, and the advanced reasonable notice is reauired.rire►aent as well as the tJrne restristiea shaf► be-ta:eivad. All city council meetings shall be public meetings, except as otherwise permitted by law. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question L. Sec. 4.02 Filing of candidate's oath; fee. (b) The oath set forth in subsection (a) shall be filed with the city clerk at least eighty-one (81) sixtyoO) days, but no more than ninety-six 1951 sevenWi",e-(M) days, prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. 5 " {d) Filling vacancies in candidacy. In the event that following the close of the official auaUfvina period set out in Charter Section 4.02(b). the number of leoaliv oualifred candidates is fewer than the number of seats open for election, the new city council shall till the vacancy in office in the same manner describer) above in paragraph (c) of this section. Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question M Sec. 4.12 Election procedures; tie vote. (b) in the event that at any election there are two (2) or more candidates for the same office and they should receive the same number of votes, the outcome shall be in accordance with Florida law. th"ues66n-shal y e car �ol�ur�-e# elesti�aR W-Ils%n tl-n be-i ?on''c2!2t71 fc �f held -rye -later A"r, fk,�P/ (20) n14,, ii�#s-ef t 9 fHftlai lBrt/can -xjr 919^k•,•yrwd by-sr:"l nGd Chair announces title Chair calls for a motion & a second Committee receives public input Chair closes public input Committee deliberation Call the question N. Sec. 4.1.4 Interim government. Should a condition arise where there should not be a maiority 0 or more) be n city council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim Until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected -and such city council so appointed shall call a special election as provided by this Charter. In the event of the inability or refusal of the city clerk to serve in such capacity or to till such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. Chair closes public hearing 8. ANNOUNCE NEXT PUBLIC HEARING — APRIL 27, 2021 9. ADJOURN NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WiLL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THiS MEETING OR HEARING, THEY WILL 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. (F.S.286.0105) IN COMPLIANCE WITH THE AME=RiCAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THiS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8.226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS iN ADVANCE OF THIS MEETING. 1.1 1 2 3, 4. 5. CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MINUTES TUESDAY, MARCH 23, 2021 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Chair Mitchell called the Charter Review Meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL. CALL Present: Beth Mitchell — Chair Sherrie Matthews Sharon Herman Linda Kinchen Michael Goodfellow (Zoom) Vicki Drumheller Dave Newhart Absent: Larry Napier (excused) Louise Kautenburg — Vice Chair Karen Jordan Patti Sullivan (Zoom) Bruce Hoffman Amber Cerda Grace Reed John Christin❑ Also Present: Council Member Bob McPartlan City Manager Paul Carlisle City Attorney Manny Anon, Jr. (Zoom) City Cleric Jeanette Williams Facilitator Cathy Testa APPROVAL OF MINUTES February 25, 2021 Minutes (draft minutes) MOTION by Ms. Matthews and SECOND by Ms. Cerda to approve the February 25. 2021 minutes passed with a unanimous voice vote. (14-0) NEW BUSINESS Council Member McPartlan greeted the Committee and thanked the members for taking the time to serve. i. Anv Other Matters a. Suoaestions by Committee Member Sherrie Matthews — Sec. 2.02 Elivibility: 2.03 Code of Ethics (Matthews' suopestions) Ms. Matthews said she would like to see council members maintain their residency and voter registration throughout their term on city council: a prohibition on dual office holding and that the members follow a code of ethics. There was a consensus to move the residency requirement to the topics section. 7 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING 6:27 pm PAGE 2 The City Attorney advised that there is a prohibition regarding dual office holding in the Florida Constitution. Ms. Matthews said the Charter is 90% following state statute and or some type of constitutional law; her concern is to address things that can come back before they get too far. There was no consensus to move forward with the prohibition of dual office holding or code of ethics language. b. Suopestion by Committee Member Larry Naoier — 3.03 Removal of Charter Officers (Naoier's reauest) Mr. Christino said he agreed, there should be a simple majority for removal with cause and supermajority vote for removal without cause. Ms. Matthews disagreed. There was not a consensus to move forward with Mr. Napier's suggestion. C. Suaaestion by Committee Member Michael Goodfellow — Sec. 5.03 Charter Review Committee (Transmittal. Ex. 1 & 2) The City Clerk stated in 2006 the Charter Review Committee decided to review the Charter every five years which passed by referendum held in 2007 leading to the review every five years since then and she suggested changing the year 1999 to 2006 to reflect the review schedule from being changed from seven years to five years. Mr. Christina suggested a footnote could be inserted to show the change in year. Mr. Goodfellow suggested they change the year as a typographical error. The City Manager stated if the voters passed the referendum in 2007: it would not need to go back to the voters to be reaffirmed; it just needs to get corrected in the printing. There was a consensus to consider the year 1999 to be a typographical error. d. Clean Up Ballot Question Transmittal, draft ballot question. FS161.041 j The City Attorney advised each change would be listed separately in the ordinance language so the voters will get to see what changes would be made. Ms. Kautenburg noted this would make the ballot lengthy. Mr. Christino agreed, the public is not present to hear their deliberations and he noted if he is confused when he goes to the polls, he votes "no." Ms. Sullivan said this is a wonderful way to get the citizens involved in their community by having them read the Charter revisions. N. CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING 6:48pin PAGE 3 In response to Ms. Cerda, the City Clerk advised that the first printed page of the ballot is $2.00 per registered voter with an additional cost of 350 per page afterwards but only the explanation paragraph would be on the ballot. The legislative changes would be attached to the ordinance for review by the public during the ordinance adoption process. Chair Mitchell noted there were some changes suggested on pages 12 and 13 of the agenda backup as well as some changes suggested at the January meeting. The City Clerk advised the changes suggested in January such as the capitalization of "city council" and "council member" won't be capitalized by the professional code proof readers/editors in Tallahassee so she did not bring those forward again. The City Attorney advised that pages 12 and 13 were samples to begin the Committee's dialog; the actual questions will look like pages 22-24. Ms. Drumheller said during her research, she has found the conventional wisdom for gender neutrality to be "they" in the singular and suggested they consider this given many human resources fortes are being rewritten. Chair Mitchell asked for clarification of what the voters would see. The City Attorney stated pages 12 and 13 are what would be recommended to Council and depending on what Council directs, the ordinances would be drafted similar to those pages. Each subject would be a separate ordinance. Ms. Matthews cited page 25, (F.5.101.151), the ballot summary should not exceed 75 words or less. The City Attorney confirmed, the ordinance will have the language of what is being changed that will be reviewed during the Council approval process but the voters will only see the summaries on pages 22-24 Ms. Jordan reflected that the language that will be changed will be in supporting documents. Chair Mitchell asked for a show of hands to see if the Committee should move forward with cleanup ballot question. Ms. Kinchen, Mr. Hoffman, Ms. Reed, Ms. Herman, Mr. Goodfellow, and Ms. Drumheller raised their hands. It was the consensus of the not to move forward with a cleanup question. Review Recommended Changes — Review List Tooics 1 - 7 (Leoislative markups) TOPIC 1 — Sec, 1.02 Exterritorial Powers. ir• i� is r is (4) Public utilities To furnish any and all local public services. including but not limited to communication, electricity, gas. t•:ater, 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 systern. watenvorks and plants. ice plants. and works, gas plants and distribution systems. bus or transit systems. radio broadcasting stations. television stations. A CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING PAGE 4 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 !units of said city. To acquire in any Lawful manner in the State of Florida such water. lands and lards under grater as the city council may deem necessary for the purpose of providing an adequate ti.,@ter 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. Ms. Matthews and the City Manager noted the word "not" should be added to the first sentence in the new language. MOTION by Mr. Goodfellow and SECOND by Ms. Drumheller to recommend the Committee's changes to City Council. There was no public comment. Roll call. Grace Reed - aye Michael Goodfellow - aye Linda Kinchen aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Merman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christina aye Vicki Drumheller - aye Motion carried. 14-0 ADDED TOPIC — Sec. 2.02 Eligibility. No person shall be eligible to hold the office of council member unless lie or she is a qualified elector in the city and actually continually resided in the city for a period of one (t) year immediately preceding the final date for qualification as a candidate for said office Once elected or aonointed. council member must maintain continuous ohvsical residency and voter registration in the City of Sebastian throughout their terms of office. MOTION by Mr. Newhart and SECOND by Ms. Kinchen to recommend the Committee's suggestion to City Council. Ms. Kautenburg said this might be redundant because one must have the same qualifications as registered voter and live in the City. 10 CHARTER REVIEW COMMITTEE PAGE 5 MINUTES ❑F THE MARCH 23, 2021 MEETING Mr. Newhart said this would keep the person committed to the City. Ms. Reed said the original wording states that candidates must already be in the City one year prior so just adding the fast sentence would be needed. (Once elected or appointed the council member must maintain continuous residency and voter registration in the City throughout their term. AMENDMENT by Ms. REED to add the last sentence; agreed upon by Mr. Newhart and Ms. Kinchen. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino -aye Vicki Drumheller - aye Motion carried. 14-0 TOPIC 2 — Sec. 2.06.(b) 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 declare a state of local emerpencv, 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. MOTION by Ms. Kinchen and SECOND by Mr. Christino to recommend the Committee's changes to Council. Mr. Christino asked if the Mayor would be declaring the emergency on his own. The City Manager explained this change would make the Charter consistent with Code Sec. 2.37 which does allow the Mayor to declare the emergency noting that when the ordinance (becoming Code Sec. 2.37) was enacted, Council authorized the Mayor to have the declaration power. 11 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING PAGE 6 The City Attorney added that Council does have the power to meet after the declaration to terminate or extend the declaration at any time. Ms. Kautenburg stated the legislature is currently considering legislation to reserve the power to declare emergencies by the governor only and asked if this was to pass, would the Charter provision become null and void. Chair Mitchell said she remembers the City Manager advising there would be situations when there would only be a local emergency that would not be statewide. In regard to checks and balances, the City Manager stated all actions taken under an emergency would have to be ratified by Council as a whole after the fact. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen aye Sherrie Matthews • aye Karen Jordan aye Beth Mitchell • aye Louise Kautenburg aye Sharon Herman aye Patti Sullivan aye Dave Newhart aye Amber Cerda - aye Bruce Hoffman aye John Christino aye Vicki Drumheller - aye Motion carried. 14-0 TOPIC 2. — Sec. 2.06.(c) Vice -Mayor (c)Vice-mayor-5elec6on and term. Immediately subsequent to the selection of a mayor. the city council shall elect a vice -mayor from among its members. 9 }aFm of the ►rayGF shall bfa=one eaF ^r . PI4 his 9FY,The vice -mayor shall be elected using the same procedure as for the eleclion of mayor. MOTION by Ms. Matthews and SECOND by Ms. Reed to move recommend the Committee's changes to Council. Going back to Sec. 2.02 Eligibility, Ms. Sullivan asked if board and committee members have to be residents. The City Clerk stated that Planning and Zoning also requires people to be residents one year prior. The City Attorney advised the Charter provision only applies to Council Members. There was no public comment. 12 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING Rotl call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchel - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - nay Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - nay Motion carried. (12-2) PAGE 7 TOPIC 3 — Sec. 2.08(c) Vacancies; forfeiture of office; filling of vacancies. (c) Sasoension from office. A council member or the mavor may be susaended from his/her office if helshe is arrested for a felonv or for a misdemeanor related to the duties of office. • R R f MOTION by Ms. Herman and SECOND by Mr. Goodfellow to recommend the Committee's changes to Council. Ms. Jordan asked that the gender neutral changes begin with this section. Ms. Matthews asked to end the sentence after the word misdemeanor. The City Attorney advised that the motion on the table should be voted upon without the changes; and if it fails, the Committee could revisit the question. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - nay Karen Jordan - nay Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino nay Vicki Drumheller - nay Motion carried. (10-4) 13 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23. 2021 MEETING PAGE 8 TOPIC 3 — Sec. 2.08(a) Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies The office of council member or the mayor shall become vacant upon hislher death, resignation, removal from office in any manner authorized by law or forfeiturelsusnension of hislher office MOTION by Ms. Kautenburg and SECOND by Ms. Herman to recommend the Committee's changes to Council, Roll call: Grace Reed aye Michael Goodfellow aye Linda Kinchen aye Sherrie Matthews nay Karen Jordan aye Betio Mitchell aye Louise Kautenburg aye Sharon Herman aye Patti Sullivan aye Dave Newhart aye Amber Cerda aye Bruce Hoffman aye John Christino aye Vicki Drumheller aye Motion carried. (13-1) TOPIC 3 — Sec. 2.08{fa} Vacancies; forfeiture of office; filling of vacancies. (b) Forfeiture of office. A council member or the mayor rrLay Shell forfeit their his/her office if they helshe: (1) Lacks at any time during tus1her 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 being excused by the city council. IN ERROR, THE CITY CLERK PRESENTED THIS AS A RECOMMENDED COMMITTEE CHANGE. IT SHOULD HAVE NOT BEEN VOTED ON TO FORWARD TO COUNCIL. THE CITY CLERK APOLOGIZES AND RESPECTFULLY REQUESTS THIS VOTE TO BE RESCINDED AS IT WAS NOT THE COMMITTEE'S INTENT TO CHANGE THE WORD "SHALL." MOTION by Ms. Cerda and SECOND by Mr. Hoffman to recommend the Committee's changes to Council. 14 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING 7.23 pm 7.25 pm PAGE 9 Ms. Jordan asked again, to begin making the verbiage gender neutral. Chair Mitchell asked Ms. Cerda and Mr. Hoffman if they would accept the AMENDMENT. The City Attorney advised that the Committee already voted not to make gender neutral changes in the cleanup question and if the Committee Megan to do so at this point, it would be time redundant. Ms. Sullivan said she agreed and did not want to go forward changing the gender until everyone understood what the terms `they/their" means. Ms. Drumheller said she did agree with the assessment of the cleanup question in that the more questions they present to the voters, the less success they would have but if they were already making changes in sections, she asked why they could not make the gender neutral changes as they go forward. Ms. Herman said she didn't think the majority of the voters would notice, they should change it now while they have the opportunity. Ms. Matthews suggested that the Committee readdress the cleanup question to include gender neutral changes at the next meeting to give Ms. Drumheller a chance to explain the gender neutral terms. Chair Mitchell stated the motion on the floor included the AMENDMENT of changing "his/her" to "their." She noted the previous gender specific citations would stay in the same section. There was no public input. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - nay Sherrie Matthews nay Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - nay Sharon Herman - aye Patti Sullivan - nay Dave Newhart - nay Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. (9-5) TOPIC 3 — Sec. 2.08[d] Vacancies; forfeiture of office; filling of vacancies. k!1 Snecial Hearina. The City Council, with the advice of the city attornav, will hold a snecial hearing to consider the vote to remove or susoend a council member or manor if in, violation of Sections fbf or tc). 15 CHARTER REVIEW COMMITTEE PAGE 10 MINUTES OF THE MARCH 23, 2021 MEETING x lk MOTION by Mr. Christino and SECOND by Mr. Hoffman to recommend the Committee's changes to Council regarding a special hearing. 7:31 pm There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. 14-0 MOTION by Mr. Christino to accept the changing of gender neutral language in any future section changes. Chair Mitchell agreed. There was no second to the motion or further discussion. TOPIC 3 — Sec. 2.08(e) Vacancies; forfeiture of office; filling of vacancies. (o) Lej Filling vacancies. Any vacancy in Me office of council member shall be filled it) accordance with the provisions of this subsection: (1) If there is a scheduled citywide electron within six months of the occurrence of the vacancy, the remaining members of the city council may either (A) permit the vacancy to be tilted at that election, or (B) appoint a replacement. (2) If there is no scheduled citywide election within six months of (lie occurrence of the vacancy. the remaining members of the city Council shall appoint a replacement within 45 days. In the event the city council rills a vacancy by appointment. the person chosen to fill the office shall at the lime of appointment meet the qualifications for a nnember 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 mernber or manor to office in accordance with Section 3 below. If the vacancy has occurred 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. 16 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING PAGE 11 MOTION by Ms. Herman and SECOND by Mr. Christino to recommend the Committee's changes to Council. Ms. Sullivan noted that Mr. Christino had just made a motion to make the gender neutral changes but at the beginning of the meeting, they voted not to make any changes. She requested the committee return to the original motion and not consider gender neutral changes at this time. Chair Mitchell stated that as they proceed with the sections, she would give the Committee the opportunity to address the gender changes at that time. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. 14-0 TOPIC 3 — Section 2.08{3) Vacancies; forfeiture of office; filling of vacancies. (3) if the council member or mavor is scouitted or found not awlty 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 fb)-(d) than the city council shall forthwith revoke the, susoension and restore the council member or mavor to office. However, anv person who, ,mends nol auilty or nnin contenders or is found ouitty shail be deemed to have been convicted notwithstanding a susnension of sentence or a withhokfina of adiudication is considered to be ouilty. MOTION by Ms. Drumheller and SECOND by Mr. Newhart to recommend the Committee's changes. to Council. There was no public comment. 17 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING Roll call; Grace Reed - aye Michael Goodfellow - nay Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan aye Beth Mitchell • aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. 13-1 TOPIC 3 — Sec. 2.08(d) Vacancies; forfeiture of office; filling of vacancies PAGE 12 (�J}-FiNir�g vacs ies n-can`��a n the e+�✓.ir rhrct fGA94 7r, the fit&. ci IMF cffimal qualifyi" per{vd set cant Ire £1�arfe��estiorr-*02{f),4h"amber-legal{y--qualiked-canddatas is fewer-ll?an the-aiimber-ot&mts-open-far-eloGtia :-##�e4mwi-catl - rc vn e &,Pit fill fhv v*Ganry inffir.&4 a-4e same-manner-dasoribed above-in-paragraph4*af4his ser,09 . Move to Sec. 4.02 MOTION by Mr. Newhart and SECOND by Ms. Cerda to recommend the Committee's changes to Council by moving the whole section to Section 4.02. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christina - aye Vicki Drumheller - aye Motion carried. 14-0 18 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING TOPIC 4 — Sec. 2.12 Procedure. PAGE 13 (a) Meetings. The city council shall meet regularly at least once a month at such times and places as the city council may prescribe by resolution. Special meetings of the city council may be held on the call of the mayor or any council member limited to one tonic. There shall be at least twenty-four (24) hours advance notice of any special council meeting called and said meetings shall only be held after 5 p. m. If a public emergency exists any council member or charter officer may call a special meeting, and the advanced reasonable notice is required regrrirerrrenl-a6-well as,`he-lima r_ ol6clirr Nrallbe-waited All city council meetings shall be public meetings, except as othenvise permitted by law MOTION by Ms. Cerda and SECOND by Ms. Reed to recommend the Committee's changes to Council, Ms. Matthews asked that 'one topic" be changed to "the subject matter for which the meeting was called." Mr. Newhart said the intent was to prevent more topics from coming in and stay specific to one item related to why the special meeting was called. Ms. Matthews said the Florida Statute provides that more matters could be discussed but they are about to limit only one matter be discussed. Mr. Newhart said the content could be discussed that revolves around the one topic. Chair Mitchell asked Ms. Cerda if she would like to withdraw her motion. Ms. Cerda responded that she would like the language to remain "one topic." Mr. Christina agreed. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - nay Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - nay Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. (12-2) 19 CHARTER REVIEW COMMITTEE PAGE 14 MINUTES OF THE MARCH 23. 2021 MEETING TOPIC 5 -- Sec. 4.02 Filing of candidate's oath; fee. (b) the oath set forth in subsection fa) shall be filed tvith the city clerk at least eiahiv-one f$1l, sixty-(64i) days. but no more than ninety-six (96) &evenly h,e (7 ) days. prior to the day of the election, along with payment of a nonrefundable filing fee in an amount to be set forth by Code. Lcl (d) Fillina vacancies in candddaev. to the event that follosvina the close of the official ❑ualifvino period set out in Charter Section 4.02(b). the number of leaaliv aualifisd candidates is fewer than the number of seats oven for electron. the new city council shall fill the vacancy in office in the sarne mannor described above in naraoraoh (cl of this section - MOTION by Ms. Drumheller and SECOND by Ms. Kinchen to recommend the Committee's changes as requested by Supervisor Swan to Council. There was no public comment. Roll call- Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newhart - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheller - aye Motion carried. (14-0) TOPIC 6 -- Sec. 4.12 Election procedures; tie vote. (b) In the event that at any election there are two (2) or more candidates for the sarne office and they should receive the sarne number of votes. the outcome shall be in accordance with Florida lbw the -question shall be decided-by-a-apvrill -w-o ' eta tLa beA%ven she lie -candidates to -be held no-iater--than thiay- (397 clay&-af1&r4h&-tea0,A of the i-s,��ai,� e n are -declared by cmly council MOTION by Ms. Jordan and SECOND by Mr. Christino to recommend the Committee's changes to Council. There was no public comment. 20 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - nay Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newharl - aye Amber Cerda - aye Bruce Hoffman - aye John Christino - aye Vicki Drumheiler - aye Motion carried. (13-1) TOPIC 7 — Sec. 4.14 Interim government. PAGE 15 Should a condition arise where there should not he a maiority (3 or more) be -no city council serving, either through death, resignation, removal or suspension from office or otherwise, in the interim until a special election can be called to fill such vacancies, the city clerk shall have the power to fill the vacancies until successors are elected, and such city council so appointed shall call a special election as provided by this Charter. in the event of the inability or refusal of the city clerk to serve in such capacity or to fill such vacancies, within five (5) days after such condition arises, the city manager shall do so. In the event of the inability or refusal of the city manager to act within twenty-four (24) hours, the city attorney shall do so. MOTION by Ms. Cerda and SECOND by Ms. Herman to recommend the Committee's changes to Council. There was no public comment. Roll call: Grace Reed - aye Michael Goodfellow - aye Linda Kinchen - aye Sherrie Matthews - aye Karen Jordan - aye Beth Mitchell - aye Louise Kautenburg - aye Sharon Herman - aye Patti Sullivan - aye Dave Newharl - aye Amber Cerda - aye Bruce Hoffman _ aye John Christino - aye Vicki Drumheller - aye Motion carried. (14-0) Mr. Christino left the meeting. (7:51 p.m,) 21 CHARTER REVIEW COMMITTEE MINUTES OF THE MARCH 23, 2021 MEETING 6. STAFF MATTERS PAGE 16 Finished Product from 2011 (Transmittal. 2011 ballot auestions. FS101.161, Dept of Slate Directive) The City Attorney stated the 2011 questions were provided to give the Committee an idea of what the ballot questions would like. 7. COMMITTEE MEMBER MATTERS Chair Mitchell said there are a number of items to move to forward to Council and she asked the members to consider participating in the presentation to Council as opposed to having her present all of the items. She said the advertisement would be placed for their first public hearing on April 81n with the second hearing April 27=n and presentation to City Council on May 12`n. Ms. Sullivan said she would go back to watch video because they voted on a very specific thing and then it was as if it didn't happen. She asked how closely they were following Roberts Rule of Order. The City Attorney advised that if Ms. Sullivan was referring to the cleanup language, they did take a vote and he did voice his opinion that they shouldn't go back to it. Ms. Sullivan said they did vote on that motion and then it was as if it suddenly it didn't exist; they moved into waters where people's definitions of certain things are different and since a vote was taken, she believed anything forward from that should be reconsidered. Ms. Herman said the cleanup question that was voted on took the things already in the charter and the corrections they made tonight are new, going forward. Ms. Sullivan noted they are just making recommendations, not changing the Charter at this point. The City Attorney advised that was true, the Committee and Council would be making recommendations with the electorate changing the Charter. The City Attorney cited the cleanup question and said the vote was not to move forward. 8. ANNOUNCE PUBLIC HEARINGS (Calendars ❑utlinina remaining meetings) Chair Mitchell announced the dates under Committee Matters. 9. Being no further business, Chair Mitchell adjourned the Charter Review Committee meeting at 8:00 p.m. 22 CM OF SEWS-nkN HOME OF PELICAN ISLAND MEETING DATE: CHARTER SECTION: CHARTER REVIEW COMMITTEE April 8, 2021 Sec. 2.08 Vacancies; forfeiture of office; filling of vacancies As voted upon the committee: (b) Forfeiture of office. R council member or the mayor may &W forfeit their hWher office if they hels#e: (1) Lacks at any time during hislher 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 being excused by the city council. BACKGROUND: In error, the City Clerk presented this as a recommended Committee change. On February 9" the Committee voted not to have this item move on for further consideration. This Section should not have been voted on to forward to Council for consideration. The City Clerk apologizes and takes full responsibility for this transcription error. RECOMMENDATION: The City Clerk requests rescission of this motion. 23