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HomeMy WebLinkAbout05181999 City of Sebastian Charter Review Committee May 18, 1999 7:30 PM Minutes Chairman called the meeting to order Roll Call: Mr. McCollum, Mrs. Fielding, Mrs. McCann, Mr. Hill, absent, Mr. Cormelly, Mr. Neglia, Mr. Generazio, Mrs. Damp, absent excused, Mr. Napier, absent excused, Mr. Thomas, absent excused, Mr. Paul, Mr. Barnes, Mrs. Cartwright, Mrs. Kautenberg, absent. Public Input: - None Approval of Minutes 5/4/99 - Motion to approve as written by Mr. Cormelly, second Mr. Davis passed unanimously. Staffmembers present were Linda Kinchen, Recording Secretary, and Rich Stringer, City Attorney Old Business: Section 209 - Mrs. Cartwright asks if the accused member should be allowed to vote regarding this matter and the attorney stated no it was not proper. Mrs. Kautenberg arrived at 7:50 PM. A motion to leave section 2.09 as is subject to cleanup by attorney by Mr. Connelly, second Mr. Barnes passed unanimously. Section 2:10 - A motion to leave as is was made Mr. Connelly second Mrs. McCann under discussion Mr. Barnes says what happens if this comes up. Mrs. Cartwright states we could add "would be a violation" The attorney states 208 B2 akeady says that. Motion passes unanimously. Section 2.11 - Mrs. Cartwright feels this needs cleanup. The attorney states this is sort of a grand jury action. A motion to keep as is was made by Mr. Generazio second Mr. Con_nelly passed unanimously. Section 2:12 (a) - Procedure - There is discussion back and forth about whether this section violates the Sunshine Law. The attorney states He could ask the Attorney Generals office and come back to the committee. Mr. McCollum talks about what a state of emergency is and when it is called. There is discussion that any councilman should be allowed to call a special meeting when there is a state of emergency because the mayor may be unable to do so. Mr. McCollum states that FEMA will deny assistance if the meeting held is in violation of the charter in any way. A motion to change the second sentence to read "Special meetings of the city council may be held on the call of the mayor or any Councilmember" made by Mrs. Cartwright second Mr. Generazio passed 13-1. Discussion turns to the calling of emergency meetings. Mrs. Cartwright states the City Manager can call an emergency meeting. The Mayor and Vice Mayor or any Councilmember or charter officer may call an emergency meeting when necessary made by Mrs. Cartwright Second Mr. Generazio - under discussion the committee wanted to know what constitutes a public emergency. The attorney stated he would come back with the proper language for this section. Motion passed 13-1 Section 2:12 (b) - A motion to leave this section as is was made by Mr. Paul second Mr. Barnes passed unanimously. Section 2:12 ( c ) - voting - A motion to remain as is was made by Mr. Barnes Second Mr. Neglia passed unanimously. Recess called at 8:35 PM back at 8:45 PM. Section 2:13 - A motion to remain as is was made by Mr. Cormelly Second Mr. Generazio passed unanimously. Section 2:14 - A motion to leave as is was made by Mr. Barnes second Mr. Connelly - under discussion Mrs. Cartwright stated she felt should be changed to the Florida Code - motion passed unanimously. Section 2:15 (A) - A motion to leave as is by Mrs. Cartwright second Mr. Neglia passed unanimously. Section 2:15 (B) - A motion to leave as is by Mr. Generazio second by Mr. Paul passed unanimously. Section 2:15 (C) - A motion to leave as is by Mr. Connelly second Mrs. McCann passed unanimously. Section 2:16 (A) - A motion to leave as is by Mr. Cormelly second Mr. Generazio - under discussion Mrs. Cartwright states should add the words and o ordinance" - both Mr. Cormelly and Mr, Generazio agree to amend the motion passed unanimously. Section 2:16 (B) - A motion to leave as is by Mr. Bames second Mr. Neglia passed unanimously. Article III - Section 3:01 (A) ~ A motion to leave as is by Mr. Neglia second Mrs. Cartwright passed unanimously. Section 3:01 (B) - A motion to leave as is by Mrs. Cartwright second Mr. Barnes passed 13-1 Section 3:02 - A motion to leave as is was made by Mr. Barnes second Mr. Neglia passed 11-3 Section 3:03 (A) - A motion to remain as is by Mr. Generazio second Mr. Neglia passed unanimously. Section 3:03 (B) - A motion to remain as is was made by Mrs. Cartwright second Mr. Cormelly passed unanimously. Mrs. Cartwright feels we should add a letter ( C ) to this section - which says "removal for any other terms subject to employment contract. Under discussion it was felt that it would better be served under item (A) so Mrs. Cartwright made a motion to add to item a the words for cause or without cause subject to contract. Second by Mr. Generazio passed unanimously. Section 3:04 (A) - A motion to remain as is by Mr. Neglia second Mr. Barnes passed unanimously. Section 3:04 (B) - A motion to remain as is by Mr. Cormelly second Mrs. Cartwright passed unanimously. Section 3:04 (C) - A motion to remain as is by Mr. McCollum second Mrs. Cartwright passed unanimously. Section 3:04 (D) - A motion to remain as is by Mr. Barnes second Mr. Generazio passed unanimously. Section 3:04 (E), (F), (G) - A motion to leave these sections as is subject to cleanup by attorney by Mrs. Cartwright second Mr. Generazio passed unanimously. Section 3:05 - A motion to leave as is by Mr. Generazio second Mr. Neglia passed unanimously. Old Business for the next meeting will be the rest of Article III and Article IV as new business. Mr. McCollum states will not be in attendance at next meeting as it is the first day of Hurricane Season. Mrs. Fielding also states she will not be able to attend that meeting. Meeting adjourned at 9:30 PM City of Sebastian 1225 MAIN STREET ri SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5490 r'l FAX (561) 589-6209 AGENDA CITY OF SEBASTIAN CHARTER REVIEW COMMITTEE MAY 18, 1999 7:30 PM 1) Call Meeting to Order 2) Pledge of Allegiance 3) Roll Call 4) Input from Public 5) Approval of Minutes - May 4, 1999 meeting 6) Old Business Sections 2.09 through 2.16 Article III - Sec. 3.01 through 3.09 7) New Business None 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.