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HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
M I NUT ES
MONDAY, MAY 8,2006 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Chairman Smith called the meeting to order at 6:30 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Members Present:
Barbara Beck
Charles Cardinale
Maureen Cummings (6:45 p.m.)
Adrina Davis
Linda DeSanctis
Dan Dragonetti
Harry Enderlein
Mary McGee
Jim Morrison
John Oakes
Cory Richter
Rick Villars
Richard Smith - Chairman
Ruth Sullivan - Vice Chairman
Members Absent:
Dennis Powers (unexcused)
Staff Present:
City Attorney, Rich Stringer
City Clerk, Sally Maio
Also Present:
Council Member Sal Neglia
Council Member AI Paternoster
4. OLD BUSINESS: None
5. NEW BUSINESS:
A. Approval of April 18, 2006 Meeting Minutes
On MOTION by Mr. Villars, and SECOND by Vice Chairman Sullivan, the April 18, 2006
minutes were approved on a voice vote of 14-0.
Charter Review Committee Meeting
May 8, 2006
Page Two
B. Introduction of New Members Appointed 4/26/06 - Barbara Beck, Maureen
Cummings, Linda DeSanctis
The three new members were introduced.
C. Article I. Creation and Powers
1.01. Creation and powers
Mr. Enderlein, based on his experience with training and seminar methods,
recommended seating in a round table or squared setting for more effective interaction
and better results. He stated that AI Minner, City Manager, would do what was
necessary to make this happen if the committee agreed.
Chairman Smith noted that the meetings are broadcast and it would be difficult to
accommodate this request.
MOTION by Mr. Enderlein, and SECOND by Vice Chairman Sullivan, to change change
the seating arrangement to a round table format.
Vice Chairman Sullivan said it was a good idea but technically it may be difficult to
achieve.
Roll Call on the motion failed 3-11 (Cardinale, Enderlein, Richter - aye, all others - nay)
Chairman Smith asked the Committee to keep it simple and not get bogged down in
rhetoric.
1.02. Extraterritorial powers
Vice Chairman Sullivan questioned what a market house would be and the method by
which the City can dispose of property, suggesting adding fair market value and the City
Attorney responded that a market house would be something like a farmers market, and
that the process for vacating property was set out in the Code.
Mr. Enderlein said he would be recommending adding language that it is the City's intent
to square out the City's boundaries, stating there is nothing in Florida law preventing us
from doing this, though he was not suggesting annexing new property.
In response to Mr. Oakes, the City Attorney explained the four methods for annexation
as set out in FS Chapter 171.
Mr. Oakes said on a practical level, unless someone wanted to be annexed it was not
realistic that it could be accomplished, and that this Council would not be interested.
Mr. Enderlein further said that FS 171 seems to say that the City Council can initiate the
process, and the City Attorney said that language could be put in the Charter to state the
City Council shall endeavor to do this but it would still require annexation. Mr. Oakes
noted he believed the City Council already has the option of doing this.
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Charter Review Committee Meeting
May 8, 2006
Page Three
Chairman Smith said that many annexations recently recommended by Planning and
Zoning were recently denied by Council.
Ms. Cummings arrived at 6:45 p.m. and was welcomed by the Committee.
In response to Vice Chairman Sullivan, the City Attorney explained that paragraph (9)
regarding conveying property to the United States or agencies thereof, such as the Post
Office.
Ms. Beck asked if language could be added to 1.02 to protect the Riverfront regarding
building heights, and Mr. Smith noted there are provisions in the Code for this.
Mr. Oakes reiterated what had been said at the first meeting about the Charter being a
macro and not micro issue, and the City Attorney explained the layers in order of
importance as the Charter, the Comprehensive Land Use Plan, the Code of Ordinances,
Resolutions and finally regulations. He cited the eminent domain issue as one suited for
the Charter, however, said the State legislature will step in on tough issues and recently
put stricter provisions into effect regarding eminent domain.
Vice Chairman Sullivan said she believed there are other issues that might need to be
included in the Charter.
1.03. Interqovernmental relations
No input.
1.04. Boundaries
No further input. This issue was discussed under 1.02.
1.05. Existinq businesses may continue after annexation
The City Attorney explained the provision and said it was geared to non-conforming
uses.
D. Article II. City Council
2.01 Composition - No input.
2.02 Eliqibility - No input.
2.03 Election
Chairman Smith said he would like to see the election changed to November. Vice
Chairman Sullivan agreed.
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Charter Review Committee Meeting
May 8, 2006
Page Four
Staff advised the Committee that Florida law allows the change of the election date and
qualifying time by ordinance of the Council without a voter referendum.
In response to Ms. Beck, the City Attorney stated that the two and three year alternating
terms are for continuity and so you don't have all new members at once. It was noted
that a change to November would not change the alternating two and three member
system.
MOTION by Chairman Smith, and SECONDED by Ms. Magee, to change the City
election to November.
Mr. Oakes said there might be a larger turnout, and Mr. Villars said it is not always about
numbers.
Roll call on the motion carried 13-1 (Villars - nay)
For the record, the City Attorney stated the elections would still be annual so every other
year the City would be on its own in November.
On MOTION by Vice Chairman Sullivan and SECOND by Mr. Villars, "provided that the
Council shall have the authority to submit by ordinance to the voters a referendum for
the election of city council by districts to be designated by city council': was stricken from
2.03 (b) on a roll call vote of 14-0.
2.04 Terms
No input.
2.05 Compensation; Expenses
Mr. Enderlein said the language on salaries is too specific in the Charter and should be
done by resolution.
Vice Chairman Sullivan suggested language include a cost of living increase.
Ms. Cummings cited internet research she conducted that showed in small cities, with
less than 25,000 population, less than $1,000 was paid to only seven percent of those
cities' council members, and recommended increasing our Council's pay and putting in
cost of living.
Chairman Smith went down the line and each member agreed and Mr. Villars had no
comment.
Discussion took place on the $50 monthly expense account set out in the Code of
Ordinances, and the City Attorney explained this is received for in county expenses, and
then each member is entitled to allowed expenses under State law for travel outside the
County.
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Charter Review Committee Meeting
May 8, 2006
Page Five
Mr. Oakes suggested increases to $1000 for Mayor, $900 for Vice Mayor, and $850 for
each City Council Member and tie the salaries to the Consumer Price Index, and
perhaps some other type of compensation for expenses.
Vice Chairman Sullivan was concerned that if the amounts were too large, the voters
would turn it down.
Mr. Enderlein said he did not think this should be in the Charter, and the City Attorney
responded that if it was not in the Charter how and by whom would it be set.
On MOTION by Mr. Oakes and SECOND by Mr. Richter, the committee recommended
changing the charter for Council salaries: $1000 for the Mayor, $900 for the Vice Mayor,
and $850 for each City Council Member and to tie it to the Consumer Price Index.
Discussion again followed on the $50 expense account.
In response to Ms. Cummings, staff said Council gets no extra compensation for time off
of work to attend conferences and meetings.
Ms. DeSanctis said she would like to have other expenses covered, and the City
Attorney reiterated the travel expense and reimbursement policies currently in effect.
Mr. Villars was concerned for going too high, and perception by citizens on fixed
incomes.
The City Attorney read Section 2-34 of the Code relative to travel and expenses.
Roll call on the motion carried 11-3 (Sullivan, Villars, and Enderlein - nay)
2.06 Mayor; vice-mayor
The City Attorney stated that this language would change based on any change to a
November election.
2.07 General powers and duties
Vice Chairman Sullivan suggested an elected Parks Commission, said there was not
much in our Charter and cited Vero's very "thick" charter.
Mr. Oakes said he thought a smaller charter was a good thing so that it did not become
too politicized.
Discussion took place on use of a magistrate for Code Enforcement, which the City
Attorney pointed out is referred to as "Special Master" under Florida law. He further
stated that a lot of communities use a Special Master, noting that the board system has
its flaws and that judges do not want to hear cases under the citation system.
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Charter Review Committee Meeting
May 8, 2006
Page Six
Mr. Oakes expressed concern that use of a magistrate would become political and
suggested that any discussions about a change should include the Chief of Police since
he was quoted as saying that the board system is working fine.
Mr. Enderlein said he was going to bring this issue up during discussion of the Police
Department and Code Enforcement at a later time.
The City Attorney said he supports the Special Master system because of recent
complicated legal issues that are coming up which he believes are becoming too
complicated for the Code Enforcement Board.
2.08 Vacancies; forfeiture of office; filling of vacancies
No input.
Chairman Smith called recess from 7:54 pm to 8:00 pm. All members present returned
after recess.
2.09 Judge of qualifications
Vice Chairman Sullivan objected to the Council judging its members and would like to
see this whole section stricken.
Mr. Villars pointed out that the last sentence allowed Council decisions to go before the
court for review.
The City Attorney asked, hypothetically, if a member were to violate a provision of 2.08,
who else other than Council could judge it, noting the Governor generally gets involved
to remove a Council member who is charged with a crime but does not get involved in
local issues such as residency or absenteeism. He said to his knowledge, no Council
member was ever removed under these provisions.
MOTION by Vice Chair Sullivan, and SECONDED by Mr. Enderlein to eliminate Section
2.09 Judge of Qualifications failed on a roll call vote of 3-11 (Enderlein, Morrison,
Sullivan - aye, all others - nay)
2.10 City council-employee relationship
No input.
2.11 Investiqations
No input.
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Charter Review Committee Meeting
May 8, 2006
Page Seven
2.12 Procedure
Vice Chairman Sullivan said in reference to Council setting its own procedures, she was
concerned about items appearing on the consent agenda and thought purchases should
not be listed there to allow public input on them.
The City Clerk replied that more instructional information could be provided to the public
on the agenda to let them know they can request a Council Member to remove an item
so they can provide input.
Ms. Cummings asked to return to Section 2.10 and asked if there is a bad City
employee, how he or she can be fired. The City Attorney explained the Council-
Manager form of government, and explained that if the City Manager does not hear the
wishes of the Council relative to a truly bad employee which is not just purely political he
or she would risk being let go if he nothing was done to resolve the problem.
Vice Chairman Sullivan questioned the meaning of 2.12 (c), regarding a smaller number
of council members compelling the attendance of an absent council member. The City
Attorney responded that State law requires a Council member to vote on an issue if
present at a meeting unless he or she has a conflict. He cited an example in Jacksonville
where a member tried to duck out to the restroom to avoid voting and was forced to
return to the meeting and vote. He said this keeps a city from coming to a standstill on
an issue by merely absenting yourself.
2.13 Emerqency ordinances
Mr. Villars discussed the need for four affirmative votes on an emergency ordinance and
his concern that with two members of Council working for County Emergency Services
there be a problem getting four affirmative votes during an emergency situation. The
City Attorney responded that during the heat of an emergency, actions of the Council are
not typically those issues that would be done by ordinance but are things such as
contract approvals and purchases. He cited the emergency ordinance in 2004, which
allowed waiver of code requirements to allow people to live in RVs on their property
following the hurricanes.
2.14 Codes of technical requlations
No input.
2.15 Authentication and recordinq; codification; printing
No input.
2.16 Standing committees
Mr. Morrison asked what this provision was for.
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Charter Review Committee Meeting
May 8, 2006
Page Eight
The City Clerk explained that for many years, City Council would annually adopt a
standing committees resolution listing each committee and its members in an effort, it
seemed, to comply with this provision, but that the practice had stopped in 1987 based
on its redundancy because language relative to each of the boards and committees is
set out either in the Code of Ordinances or is done by resolution.
The City Attorney stated that he was not certain what this provision is for.
The City Attorney said he would provide draft language for the changes made tonight
and provide them to the Committee before next Monday's meeting and then suggested
working on Articles III and IV. The Committee concurred.
6. Being no further business, Chairman Smith adjourned the meeting at 8:30 p.m.
Approved at the May 15, 2006 Charter Review Committee Meeting.
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Richard Smith, Chairman
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Prepa~ecVBy: , ,/' "'\ /
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Sally A. Maio,,1ity Clerk
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