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HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
AGENDA
MONDAY, JUNE 12, 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 15, 2006 Meeting Minutes
B. Review Draft Language for All Recommended Amendments
C. Request by Member Harry Enderlein to Discuss Boundaries and Special Master
5. NEW BUSINESS:
A. Article V. GENERAL PROVISIONS
5.01 - Severability of provisions
5.02 - Effective date
5.03 -Charter review committee
B. Article VI. TRANSITION
6.01 - Title to property reserved
6.02 - Reserved
6.03 - Reserved
6.04 - Ordinances preserved
6.05 - Continuation of former charter provisions
C. Schedule Two Public Hearings in Accordance with 5.03 At Least Fourteen Days
Apart - Available Dates July 17 (if ready), August 14, August 21, September 11,
September 18
6. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM 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.
OlYCf
HOME OF PELICAN ISLAND
CHARTER REVIEW COMMITTEE
MINUTES
MONDAY, MAY 15, 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 (7:00 p.m.)
Adrina Davis
Linda DeSanctis
Dan Dragonetti
John Oakes
Dennis Powers
Cory Richter
Richard Smith - Chairman
Ruth Sullivan - Vice Chairman
Members Absent:
Rick Villars (Excused)
Harry Enderlein (Excused)
Jim Morrison (Excused)
Mary McGee
Staff Present:
City Attorney, Rich Stringer
City Clerk, Sally Maio
OLD BUSINESS:
A. Approval of Mav 8, 2006 Meeting Minutes
Ms. Beck asked if Section 2.06 should be changed to note a one year term for the
Mayor, and the City Attorney replied that it is understood because it states it is done
after each annual election. No change was made.
On MOTION by Mr. Smith and SECOND by Ms. DeSanctis, the May 8, 2006 minutes
were approved on a voice vote of 10-0.
IT!
l~,./
Charter Review Committee
May 15, 2006
Page Two
B. Review Draft Languaqe for Article I & II Amendments
The City Attorney recommended taking out the reference to the March 1994 election in
section 2.06, and upon further review it was decided to change the reference in 2.06 to
election of mayor and vice mayor at "the first scheduled city council meeting" to be
consistent with 2.04 (b) whereby the terms of office begin "on the Monday following the
election". The City Attorney requested the authority to work with these two sections to
make them more compatible, and to have the schedule far enough advanced to
accommodate Florida Law, which requires three days before you can officially certify
results.
4. NEW BUSINESS:
A. Article III. ADMINISTRATION AND LEGAL DEPARTMENTS
Division 1 - Generally
3.01 - Creation
The City Attorney advised that this Section was outdated since it was within the
authority of the City Manager to create City departments.
On MOTION by Mr. Oakes, and SECOND by Ms. DeSanctis, the committee
recommended Section 3.01 (a) be stricken on a roll call vote of 10-0.
3.02 - Appointment of Charter Officers
No changes.
3.03 - Removal of Charter Officers
Changed the word "form" to "from" in the sixth line of paragraph b.
3.04 - City Manager: powers and duties
No changes.
3.05 - City Clerk
No changes.
Division 2 - Police Department
3.06 - Creation: chief
The City Attorney said he did not know why this provision was still in the Charter
because it is within the authority of the City Manager to oversee the Police Chief
and the Department and recommended, if the Committee wanted to ensure that
there is always a Sebastian Police Department, changing the language to
something like, "The City shall maintain its own Police Department".
2
Charter Review Committee
May 15, 2006
Page Three
On MOTION by Mr. Oakes, and SECOND by Ms. Beck, the committee
recommended language in Section 3.06 title be changed to "Creation - Police
Department" and language in the body changed to "the City shall always
maintain its own Police Department" on a roll call vote of 10-0.
3.07 - Chief of police - Duties and authority
On MOTION by Mr. Richter and SECOND by Mr. Dragonetti, Sections 3.07 and
3.08 were recommended to be stricken on a roll call vote of 10-0.
3.08 - Same - officers
See above.
Division 3 - Leqal
3.09 - City attorney
The City Attorney advised that the words "the mayor" be stricken because the
mayor is considered a part of "council" since the prior change to eliminate a
separate election for mayor and change to election of five council members. He
also requested that the second sentence of paragraph b be stricken due to its
inconsistency in requiring an ordinance for only his charter office to hire on an
assistant.
On MOTION by Mr. Richter and SECOND by Mr. Oakes, the words "the mayor'
were stricken from paragraph (a); and all of the second sentence was stricken in
paragraph (b) on a voice vote of 10-0.
B. Article IV. ELECTIONS
4.01 - Adoption of state election laws
Ms. Cummings arrived at 7:00 p.m.
No change.
4.02 - Filinq of candidate's oath: fee
Discussion took place on the $25 filing fee set out in the code and it was the
consensus of the committee to keep it in place.
Staff said they will bring back information on qualifying dates based on
November and March elections to recommend changes if necessary to comply
with state law.
3
Charter Review Committee
May 15, 2006
Page Four
4.03 - Reserved
No change.
4.04 - Special election for other purposes
No change.
4.05 - Calling an election by resolution
Based upon input from staff, it was the consensus of the committee to have the
City Attorney clean up this language and the language in 4.07 regarding the
method of calling an election to possibly eliminate the need for a proclamation,
since it is no more than a formality, and to combine the two sections to state that
the election is called by resolution.
4.06 - Reserved
No change.
4.07 - Elections-how arranged: inspectors and clerks
See above Section 4.05.
4.08 - Same-City canvassinq board: canvass of election returns
No change.
4.09 - Same-ballots
No change.
4.10 - Votinq machines
The City Attorney said this language as well as the language in 4.11 is covered in
Florida Statutes and is redundant.
On MOTION by Oakes, and SECOND by Mr. Richter, the committee
recommended striking Sections 4.10 and 4.11 because the provisions are
governed by Florida law on a voice vote of 11-0.
4.11 - Absentee votinq
See above Section 4.10.
4
Charter Review Committee
May 15, 2006
Page Five
4.12 - Election procedures: tie vote
Discussion took place on deciding tie votes but no change was recommended.
4.13 - Conduct of candidates for election office
No change.
4.14 - Interim oovernment
No change.
C. Schedule June and July Meetinos
Based on members' schedules and the fact that at least eleven were available for
June 12th and at least thirteen were available for July 17, the next meetings were
scheduled for June 12, 2006 and July 17, 2006 at 6:30 p.m.
Neil Lagin recommended language to require a supermajority vote for large
purchases and discussion followed.
Ms. Cummings recommended changing 2.12 to require 24 hours notice for
special meetings rather than 12 and agreed with a supermajority for major
purchases.
The City Attorney said he can bring back information regarding voting.
Ms. Sullivan recommended that all council meetings take place after 5 pm to
afford the public an opportunity to attend.
On MOTION by Vice Chairman Sullivan and SECOND by Mr. Oakes, the
committee recommended that 24 hour notice be given for special meetings
unless it an emergency as defined by Florida law, and that all council meetings
be conducted after 5 pm unless it is an emergency on a voice vote of 11-0.
6. Being no further business, Chairman Smith adjourned the meeting at 7:36 p.m.
Approved at the June 12, 2006 Charter Review Committee Meeting.
Richard Smith, Chairman
Prepared By:
Sally A. Maio, City Clerk
5
Sec. 2.03. Election.
(a) Thea eafficea eaf mayer, wheasea torm expiros in Marsh, 199<1; shall Be filloe b1J3sn sblch
eXJ3iratien as pro'Jielod in seGtien 2. QG sf this Charter. Theroaftor, Ihere shall be held a
general election of two (2) council members on the first Tuesday following the first
Monday in Noyember of each eyen-numbered year and of three (3) council members in
each odd-numbered year.
(b) The city elections shall have at large voting.
Sec. 2.05. Compensation.
The mayor, Yice-mayor and each of the other council members shall be paid the
following amounts on a monthly basis:
(1) Mayor: One thousand dollars ($ 1000);
(2) Vice-mayor: Nine hundred dollars ($ 900); and
{3-)Council members: Eight hundred fifty dollars ($ 850).
Uoon the seatina of a new Council followina a reaular election. the comoensation set
forth above shall be adiusted based uoon the Consumer Price Index for the southeast
United States or anv such aenerally recoanized eauiyalent.
Sec. 2.06. Mayor; vice-mayor.
(a) Mayor--Selection and term. Csmmenein€) March 199<1, a After the seating of any
newly elected council members, at the first scheduled city council meeting subsequent
to the second Tuesday in March, the new city council shall, as the first order of
business, elect a mayor from among its members. After the seating of any newly
elected council members at the fir~t scheelblloe soecial city council meeting &ubseEtblent
to the socens TUOSSflY in Mflreh held oursuant to Section 2.04, 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 rsgbllarly sehGelblles eity eouneil
meeting sUB~eEtuont tea the ~ecenel Tble~e1ay in Mareh, Immediately subseauent to the
selection of a mavor, the city council shall elect a Yice-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 Yice-mayor shall be elected using the same procedure as for the election of mayor.
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. WheAever
praGtiGaI;--eaGt-l--GeuAGI--member--shal~-reGefveThere slJall be at least twe~ve-+1-2~ twenty-
four (24) hours advance notice of any special council meeting called and said meetinQs
shall only be held after 5 p.m.. If a public emergency as defined under Florida law exists
any council member or charter officer may call a special meeting, and the twelve (12)
Roof-advance notice requirement as well as the time restriction shall be waived. All city
council meetings shall be public meetings, except as otherwise permitted by law.
(b) Rules and journal. The city council shall determine its own rules and order of
business and shall proYide for keeping a journal of its proceedings. This journal shall be
a public record.
(c) Voting. Voting may be by voice vote, except that a roll call vote shall be required
on appropriation of funds, for the approval of an ordinance or upon any motion upon the
call of any council member. The ayes and nays on each roll call yote shall be recorded
in the minutes of the meeting. Three (3) members of the city council shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the
attendance of absent council members in the manner and subject to the penalties
prescribed by the rules of the city council then in force. No action of the city council,
except as otherwise proYided in this Charter, shall be valid or binding unless adopted by
the affirmative yote of three (3) or more council members.
Sec. 3.01. Creation.
(a)- The city council may estat>>isR---Gity--departments;-effices or agencies-ffi
aGlditiGFl---te---tt-lose---expressl-y---createG--i-n---the---Gity---Gharter--aAd--may--.prescr-ibe---the
f-l;lnctions of all depaftmeRts;-effices and-ageAGies. Notwithstanding the foregoing
senteflGe-;moo---fl:JflGtioAmspeGf-iGall-y-..-assfgnedmifl---the---GitYmGt:larter--tomamparticular
department, office or agency may be discontinued or reassigned to a different
departmeAt,--Gffffie-Gr---a~-city-oouncil , eX-Gept-tG-tAe extent alffiwa9le
uAder-tt:le--provisfofls--of-tt:leuGft-YuGRarter.-
(.0.)- The city manager, city clerk and city attorney are designated Charter
officers.
Sec. 3.06. Creation; chief.
Tt:lere---sRallubeua---policeudepartmeAt--whiGnushallu-G0flsist---of-ua--ffiief---ef.--policeuaAd
s.\;lch other-sworn and non sworn empJ.eyees--as-ma-y-be determined by the city councih
The-.--Gt:liefmefmp0HGe-u-st:lall--bemthe-uheadu-of-mthe-u-policemdepartmeRtmaflEi-mshallmdifeGtmthe
activities of its members and police department employees. The chief of police shall be
appei-nted by tAe---Gft-y-m8fl8ger. The mayor may, as provided by law, awoint and
dischafge-msp8cial----pol+cemeAm-ifl-utimes-u-ofmf-iotm-oF----publiGmemer-geAsy-; The City shall
maintain its own law enforcement agency for the protection of citizens and
enforcementof laws.
(j)
Sec. 3.07. Chie-f.of..police--Duties..and--author-ity-.
.It..sh-aU--be..the.-duty..-of..t-he.-Ghtef..of--pouGe..to--attend..meeti-ngs.-of--the-.Gity..counGil..as
directed by the city manager; to aid in the enf-orcement of order and to enforce the city's
Ofdi-nances, to execute all papeFs and processes G.f the city or its authorities; and to
pefferm..suGh--ot-her:-duties..as.may.be.lawfully--r-equif-ed-of--h-imJher-;.Reserved.
Sec. 3.08. Same--Officers..
The chief of police and--aI-I-swem--f>O\i-Ge--efficers shall--have the pE>V/er to bear
ar:ms..-and---mak-e-..aFFests..-asmpfovidedmby..-F--lor-idamlaw..-andlor----asmmaYm-be"-Pf-ovKied-..by
or-di-nance-adopted--by..the--GitY--Gounc.j.I-; Reserved.
Sec. 3.09. City attorney.
(a) There shall be a city attorney of the city who shall serve as chief legal
advisor to the city council.,--~fle---mayoF and all city departments, offices and
agencies, shall represent the city in all legal proceedings and shall perform any
other duties prescribed by this Charter or by ordinance.
(b) The city council shall have authority to retain additional counsel in specific
actions or proceedings in its discretion. Also, the city council may provide by
or-diAaAc-emf-or-..-themadditi-onalmoffi-Gemof---andmthemappointmentmof..an-..ass.stammG.ty
attoFney--when--t-he-we.j.ght-of-~he"G.j.ty..attoFAey!s--duties--iR:GFeases-to-..such--an---ext-ent
that the city-oounc-i-l--deems such--aBHen-advisable or neoossaf-Y;-
(c) The city attorney shall receive such compensation as may be determined by
the city council.
Sec. 4.02. Filing of candidate's oath; fee.
(a) Each candidate, in order to qualify for election to the office of council
member, shall take and subscribe to an oath or affirmation in writing. A printed
copy of the oath or affirmation shall be furnished to the candidate by the city clerk
and shall comply with the proYisions of Florida law.
(b) The oath set forth in subsection (a) shall be filed with the city clerk at least
f-orty-fiv-e.{45)no less than sixty (60) days, but no more than s.xty--{60)seventy-fiye
(75) days, prior to the day of the election, along with payment of a nonrefundable
filing fee as-provided--by-law in an amount to be set forth by Code.
Sec. 4.05. CaUi.ng..an-e-IeGtion-by..r-esolution,
All.eleGtio-ns-..shalt..be"-Galled..by-"pFOGlamati-on-..o-fmthe--mayor---.ssuedmAOtml-ess...than
th.j.rty---{30-}..-days....befoFemsush----electioR-mandm-shall..be----GOflduGt-ed---ex-Geptmas..-o-ther:wi-se
(j)
sp6Gff-iGally----prov-ided-j---unGer---the---fX-o-vfsions--of----tne---{}eAeral---eleGtfOA---laws--of----t-he---state-,-
when not inconsistent with the provisions of this Charter. Should the mayor fail or refuse
ID--sa-l-l-afly-eleGtiOA-ifl-Gue time,--t-Ae-Gfty-GGUflGH-sAall do so by resol\ltiefl;. Reserved.
Sec. 4.07. Elections--How arranged; inspectors and clerks.
The city council, in conjunction with the city clerk, shall make all necessary
arrangements for holding all city elections and shall declare the results thereof. Prior to
thEL~l:Ialif'ying date~...Qrovided hereio.....+Jhe city council shall adopt a resolution_.,---upon
the calling ef any such election, stating therein where the election shall be held, and
naming the different offices to be filled, or questions to be decided, and shall cause the
notice of the election to be published in accordance with Florida law.
Sec. 4.1 O. Vot~Rg-maGhi-Aes.
The city is hereby authorized to use voting machines in the holding of all city
elest-i-eflsj-.geReral--er--s-peGfah Reserved.
Sec. 4.11. AbseRtee--votingi
Absenteenv-oHngnshall--be--permfttednfnnall--murnGi-pal.eleGtion-s-fnnthensame--manfler
as nmv, or hereafter provided for in connection with state and county elections.
Reserved.
(j'
DATE:
JUNE 7, 2006
MEMBERS OF THE CHARTER REVIEW COMMmEE
TO:
FROM:
HARRY ENDERLEIN, MEMBER
Attached are three proposed amendments to the City of Sebastian Charter.
Amendment number one covering Code Enforcement is a substantive change to the
present structure. It is intended to respond to the growth of the City and to the
attendant legal complexities of present-day code enforcement. While this change could
be made administratively, including it in the Charter will keep focus on its importance.
Number two, boundaries and the related map, are offered not as a "finished productlf
but, rather, as a start point. Present and future councils can use Florida Statutes
(including interlocal agreements), to begin filling in the boundaries. CR510 is 1 Y2 miles
south of Barber Street. White areas on map are county.
Number three, on composition of the Charter Review Committee, is open to discussing
and resolving the balance between "selectedlf members versus "at-Iargelf members.
@
Amendments to City Charter
Proposed amendment #1 - 1.02 (5):
Delete Section 1.02(5) Abatement of Nuisances.
Section 1.02(5) is amended as follows:
Code Enforcement
(a) Code enforcement shall be the responsibility of the Growth Management
Department.
(b) A magistrate will be appointed to hear and adjudge code violation cases
that cannot be resolved by a code enforcement officer.
Proposed amendment #2 - 1.04
Amending 1.04 Boundaries
Section 1.04 is amended as follows:
(a) The City of Sebastian shall take all necessary steps, consistent with Florida
law, to establish corporate limits (city limits) and acquire all needed
property to bring identity and conformity to the city.
(b) Such boundaries could be:
On the north, Roseland Road; on the east, the Indian River; on the south,
CR 510 and US 1 continuing west to become the west boundary; thence
heading north to join CR512. North of CR512, western boundary
continues north, adjacent to outer residential development and joins
Roseland Road north of Shiloh Youth Ranch. Roseland Road to US 1
completes western boundary.
Proposed amendment #3 - 5.03
Amending Section 5.03 Charter Review Committee
Section 5.03 is amended as follows:
Not later than April 15 of the year 1999 and of every seventh year thereafter, the
City Council shall appoint a Charter Review Committee to review the charter of the City.
The Charter Review Committee shall consist of 11 residents of the City. Five shall be
selected by the Council and six shall be appointed "at-large" by the Council.
(All other language in this section shall be read as currently.)
(]V