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HomeMy WebLinkAbout05082006 CRC - Agenda HOME OF PELICAN ISLAND CHARTER REVIEW COMMITTEE AGENDA MONDAY, MAY 15, 2006 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: A. Approval of May 8, 2006 Meeting Minutes B. Review Draft Language for Article I & II Amendments 5. NEW BUSINESS: A. Article III. ADMINISTRATION AND LEGAL DEPARTMENTS Division 1 - Generallv 3.01 - Creation 3.02 - Appointment of Charter Officers 3.03 - Removal of Charter Officers 3.04 - City Manager; powers and duties 3.05 - City Clerk Division 2 - Police Department 3.06 - Creation; chief 3.07 - Chief of police - Duties and authority 3.08 - Same - officers Division 3 - Leaal 3.09 - City attorney B. Article IV. ELECTIONS 4.01 - Adoption of state election laws 4.02 - Filing of candidate's oath; fee 4.03 - Reserved 4.04 - Special31ection for other purposes. 4.05 - Calling an election by resolution 4.06 - Reserved 4.07 - Elections-how arranged; inspectors and clerks 4.08 - Same-City canvassing board; canvass of election returns 4.09 - Same-ballots 4.10 - Voting machines 4.11 - Absentee voting 4.12 - Election procedures; tie vote 4.13 - Conduct of candidates for election office 4.14 - Interim government C. Schedule June and July Meetings 6. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THA T 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 ACCOMMODA TIOH FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINA TOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 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 Meetinq 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 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. 2 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. Intergovernmental 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 Eligibility - No input. 2.03 Election Chairman Smith said he would like to see the election changed to November. Vice Chairman Sullivan agreed. 3 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. 4 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. 5 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; fillinq of vacancies No input. Chairman Smith called recess from 7:54 pm to 8:00 pm. All members present returned after recess. 2.09 Judqe 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 Investigations No input. 6 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 Emergency 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 recording; codification; printing No input. 2.16 Standing committees Mr. Morrison asked what this provision was for. 7 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 and stated that Board and Committee provisions are in the Code. 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. Richard Smith, Chairman Prepared By: Sally A. Maio, City Clerk 8 Sec. 2.03. Election. (a) The office of mayor, whose term expires in March, 1991; shall be filled upon such expiration as provided in section 2.06 of this Charter. Thereafter, there shall be held a general election of two (2) council members on the first second Tuesday following the first Monday in March November of each even-numbered year and of three (3) council members in each odd-numbered year. (b) The city elections shall have at large voting; provided that the city 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 the city council. Sec. 2.05. Compensation. The mayor, vice-mayor and each of the other council members shall be paid the following amounts on a monthly basis: (1) Mayor: Four hundred fiftyOne thousand dollars ($4W 1000); (2) Vice-mayor: Three Nine hundred dollars ($J.OO 900); and (3) Council members: +hree--Eight hundredJilly dollars ($JOO 850). Sec. 2.06. Mayor; vice-mayor. (a) Mayor--Selection and term. Commencing March 1994, after the seating of any newly elected council members, at the first scheduled city council meeting subsequent to the second Tuesday in March November, the new city council shall, as the first order of business, elect a mayor from among its members. The incumbent mayor or in his or her absence, the vice-mayor or in his or her absence, the senior member of city council, shall ask for nominations for mayor. After all nominations have been made, the nominations shall be closed. The city clerk shall then call the roll of the council members and each council member shall cast an affirmative vote for the council member of their choice. The council member that receives a majority vote shall be elected mayor. In the event no council member receives a majority of the votes cast on the first ballot, balloting with sequential roll calls shall continue until a council member receives a majority vote. Council members shall not nominate themselves. Only elected council members shall be eligible for the office of mayor. (c) Vice-mayor--Selection and term. At the first regularly scheduled city council meeting subsequent to the second Tuesday in March November, the city council shall elect a vice-mayor from among its members. The term of the vice-mayor shall be for one year or until his or her successor is elected. The vice-mayor shall be elected using the same procedure as for the election of mayor. Sun Mon 4 5 Tree Board 5:30 pm 11 12 18 19 25 Tue 6 Environmental Comm. 6pm 13 Construction Bd. 7 pm 20 McCollum Forum 6pm 26 27 Parks and Rec Paternoster 5:30 pm Forum 6pm Wvi. ~~ Wed 14 City Council 7pm 28 City Council 7pm ~ Thu 1 P & Z 7 pm 8 15 P&Z 7pm 22 29 P&Z 7pm Fri 2 Sat 3 10 17 24 !mil Sun Mon Tue 2 3 Tree Bd. 5:30 pm 4 HOLIDAY 9 10 11 Construction Bd7pm 16 18 McCollum Forum 6pm 17 23 25 Paternoster Forum 6pm 24 P&R 5:30 pm 30 31 Wed Thu 6 P&Z 7pm 12 13 Council 7 pm Budget Review Comm 6 pm 20 P&Z7pm 26 27 Council 7 pm Budget Review Comm 6 pm Fri Sat 1 mmI