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HomeMy WebLinkAbout04261999 City of Sebastian Charter Review Committee April 26, 1999 7:30 PM Minutes Chairman called the meeting to order Roll Call: Mr. McCollum, Mrs. Fielding, Mrs. McCarm, Mr. Hill, Mr. Connelly, Mr. Neglia, Mr. Generazio, Mrs. Damp, Mr. Napier, Mr. Thomas, absent, Mr. Paul, absent, Mr. Barnes, absent excused, Mrs. Cartwright, absent excused. Approval of Minutes 4/20/99 - Mr. Connelly requested that the spelling of Mr. Neuberger's name be corrected. Mr. Hill stated that Mrs. Cartwright was the person who nominated Mr. Napier for vice- chairman. Motion to approve as amended by Mr. Connelly, second Mr. Napier passed unanimously. Mr. Thomas arrived at 7:35 PM Staff members present were Linda Kinchen, Recording Secretary, and Rich Stringer, City Attorney Mr. Cormelly had the secretary pass out a mission statement to the committee. Chairman asks Mr. Connelly at this time to explain his statement. Mr. Napier questions item 3 and feels it is more than we need. A motion to accept the statement as written was made by Mr. Generazio second by Mrs. Fielding. Under discussion, Mr. Napier stated he still doesn't feel number three is needed. Mrs. Damp proposes an amendment removing the first line and part of the second line of item number three and making the rest of this item continuous with item two. The motion and the second are withdrawn in favor of the amendment. A motion to accept the statement as amended was made by Mr. Generazio second Mrs. Damp passed unanimously. Section 1.01 - A motion to approve as is at this time made by Mr. Hill second Mrs. Damp passed unanimously. Section 1.02.1 - Mr. Thomas questions the 9th sentence down establishment of poor houses and houses for cure or detention of the sick states they should be removed since sometime verbiage will come back to bite you. Mr. Paul arrived at 7:55 PM. The City Attorney stated that removing a word here or there should be with held and reviewed at the end after the committee sees how many amendments will need to be placed on the ballot. It may be cost prohibitive for them to worry about removing a word here or there because they are archaic when it doesn't hurt to leave them in. Mrs. Fielding asks if homeless shelters can be substituted for poor houses. The City Attorney stated that homeless shelters would be today's equivalent of poor houses and even if it weren't changed in the code it would be assumed to be the same. A motion to accept section 102.1 as written was made by Mr. Generazio second Mr. Neglia passed unanimously. Section 102.2 - Mr. Connelly feels the City should be able to sell gas on the riverfront if a marina is ever put in. Mr. Stringer to research this section to determine if the first sentence of this section would cover allowing gas sales. This is to be put on old business at the next meeting. Section 102.3 - A motion to accept as written for now was made by Mr. Hill second Mr. Neglia passed unanimously. Section 102.4 - A motion to accept as written for now was made by Mr. Generazio second Mr. Hill passed unanimously. Section 102.5 - A motion to accept as written for now was made by Mr. Generazio second Mr. Neglia passed unanimously. Section 102.6 - A motion to eliminate this section was made Mrs. Damp - Mr. Paul disagrees with eliminating this section - He feels that if in the future the City would annex a piece of property where this takes place then they will have no recourse. Mrs. Damp's motion dies for a lack of second. A motion to accept as written was made by Mr. Thomas second Mr. Paul. Passed 9-2 with Mrs. Damp and Mr. Cormelly voting Nay. Section 102.7 - Airports - A motion to accept as written was made by Mrs. Damp second by Mr. Hill. The City Attorney under discussion stated that the committee might want to look at lease terms. The motion to accept and the second were withdrawn. Chairman stated that he felt the terms should be changed to state not to exceed thirty years. Several of the members felt the same way. A motion to change this section from 20 to 30 years was made by Mrs. Damp second Mr. Napier passed unanimously. Section 102.7 - Motion to accept this section as amended was made by Mr. Connelly second Mrs. Damp passed unanimously. Section 102.8 - A motion to accept as written was made by Mr. Connelly second Mr. Thomas passed unanimously. Section 102.9 - A motion to accept as written was made by Mr. Connelly, second Mr. Napier passed unanimously. Section 102.10 - A motion to accept as written was made by Mr. Generazio, second Mr. Neglia passed unanimously. Section 102.11 - A motion to accept as written by Mr. Generazio, second Mr. Hill. Under discussion Mr. Connelly asks if this language covers condemnation. City attorney states yes. Motion passes unanimously. Section 1.03 - A motion to accept as written was made by Mr. Napier, second Mr. Hill passed unanimously. Section 1.04 - A motion to accept as written was made by Mr. Connelly, second Mrs. Damp passed unanimously. Section 1.05 - The City Attomey speaks on this section - He stated it is questionable as to why this was put in the charter. The other committee members could not come up with a reason either but stated perhaps if they knew when it was added, they could determine why. Mr. Generazio asks if the attorney could research this as well and bring it back under old business. The committee agrees. Recess called for ten minutes at 8.45 PM called back to order at 8:55 PM. Section 2.01 - A motion to accept as written was made by Mr. Neglia second Mr. Cormelly passed unanimously. Section 2.02 - A motion to accept as written was made by Mr. Generazio second Mr. Hill - under discussion Mr. Paul stated he felt we should add that they must remain residents of the City during their term. The attorney states this is addressed later on under forfeiture of office. Motion passed unanimously. Section 2.03 (a) - Mr. Thomas stated he would like to make a change in this section at a later date. There is discussion about changing the elections to November instead of March to increase voter turn out. A motion to change the elections to November was made by Mr. Generazio second Mr. Connelly passed unanimously. Section 2.03 (b) - A motion to leave as written to be revisited as needed by Mr. Hill second Mrs. Damp Mr. Paul feels worthwhile to have districts - Mr. McCollum also feels the City needs districts or seats. Mr. Paul as if this is the proper place to discuss the possibility of having districts. Yes per chairman and he states that is a discussion that he personally wants to have. Mr. Paul feels it would be worthwhile to have districts. Chairman gives his comments and feelings. City Attorney gives his comments regarding districts and seats. The argument for going to districts was more responsive. Mr. Napier asks if there is need to change this. He states we need public input on this. Mr. Connelly states that it is getting close to the 9:30 hour and he would like to move on to other agenda items. Motion passed 10-1 with Mr. Paul voting Nay. Chairman states new business discussion will be ended next week will start with 2.04 and also article three for new meeting. Public Input: Mr. Connelly feels that this item should be moved up to the top of the agenda so that the public does not have to wait through the entire meeting. Chairman agrees and asks secretary to change the agenda to make this item number 4. Members Comments: None Mr. Cormelly questions attendance and whether we should set a quorum number. Secretary advises that the quorum is eight members. Mr. Napier states that is the way it is for all committee 50% plus one. Also he is concerned about the attendance for removal Mr. Connelly feels even if the absences are excused they should not be allowed to miss a lot of meetings. He asks if that is in the charter to change and Mr. Napier states is in the ordinances and it is up to the City Council to change ordinances. Staff Comments: None City Attorney goes back over the areas that he has to bring back at the next meeting. Chairman states next meeting is Tuesday May 4th at 7:30 PM Meeting adjourned at 9:35 PM. Approved unanimously at the May 4, 1999 meeting City of Sebastian 1225 MAIN STREET U SEBASTIAN, FLORIDA 32958 TELEPHONE (561~ 589-5490 [] FAX (561) 589-6209 AGENDA CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE APRIL 26,..,.! 999 7:30 PM 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Approval of Minutes - April 20, 1999 meeting 5) Old Business None 6) New Business Charter Amendment & Mission Statement Adicle I-Sec. 1.01 through 1.05 Article ii - Sec. 2.01 through 2.16 7) Input from Public 8) Member comments 9) Staff Comments 10) Adjourn ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) 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,